Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:



1CSC-BRS-SD-12D - Appeal of the dismissal of H. tempos, Assistant Sig=han, New York, 8=."

 OPINION OF BOARD: Claimnat, an employs of the Carrier far three years, van
 caught by terrier police officers siphoning gasoline from
 a company truck into his ova personal automobile. The police officers had been
 on a special "stake out" of the compnnp vehicle as it reportedly contained $400 to
 $500 worth of copper vita. When apprehended,, the Clsimnat admitted he had stuck
 a. length of rubber hose into the gas tank of the company truck and that he had
 tried to siphon gasoline tram the truck. into his own personal vehicle. He signed
 s statement to this effect, and, at the same time, stated that he had-also re- .
 moved gasoline firom company vehicles is thin manner on tvo.prior occasions.

 After s fair sad impartial trial at which all the parties had an opportunity to present their respective versions of the incident, Claimant was dismissed from all aervice of the Carrier.

 Among the arguments in this dispute, the organization has contended that although the police officers read and explained to Claimant his rights under the "Mirands Warning", it was a violation of Claimant's rights user the collective bargainin$ agreement far Claimant not to have been informed that he had a right "to have a representative passant rhea he was required to make a statement." ate do not agree. There is no provision is the Rules Agreement which so requires the terrier to advise an employs he has the right to have a representative of the Organization present pries to nuking a statement in congerEion with any matter that may eventuate in the application of discipline. The Rule referenced by the Organization merely states that it an employs desires to be represented, he may be rep:esented by the duly accredited representative as that term is defined in the Agreement. It places m obligation upon the Carrier to remind or inform employs of those provisions of the Agreement. Accordingly,, we find no agreement rights or personal rights rare violated by the Carrier's actions is the manner they handled Claimant's admission of guilt.

 We likewise do not find any valid reason for mitigating-the discipline on the basis of Organization arguments Clsimiat had "cooperated" with the police is readily giving a statement after he was apprehended, or that the total amount of gasoline Claimant took was of nominal value. Undoubtedly, the Claimant's ready admission came from the fact that he had been observed sad. caught in the dishonest act by taro police officers. Ate, certainly, it is not the donna values of the theft, but the nature of the incident that is before us.
                      Docket Number 3G-240'(4 ~ 1 .


The Claimant having openly admitted his guilt to converting to his own personal use the property of the Carrier,, and. there being no showing that claimant has been denied due process ar that he has been treated in an unreasonable ar discriminatory mannerp the Hoard has no alternative but to support the terrier's decision relative to the extent of the discipline imposed. The fart the probability exists that Claimant oar realizes the seriousness of his actions is Immaterial since they represented a deliberate intent to defraud tie Carrier* We do not perceive theme as the Organization suggests$, as having been a momentary ar thonghless act of dishonesty because of personal financial hardships.

        FnGDaQGS: The Third Division of the Adjustment Boards qpon the whole retard and all the evidence, finds sad holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Acts as approved June 21.* 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispnte,iavolved herein; and

        That the Agreement was bat violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAa.ROAD AWUS24ENT HOARD

                            By Order of. Third Division


        ATTEST: Acting Executive Secretary National Railroad Adjustment Board.


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By . _/~
 Rosemarie Breach - oBministrative psistaat

 Datelist Chicagop alinois.9 this15th day of February 1983. .

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