NATIONAL RAILROAD ADJUSTMENT HOARD
- . THIRD DIVISION Docket Number MEW-24206
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The dismissal of Welder Jerry Goldman and Welder Helper Gerald
Wynn for alleged 'misuse of a company owned gasoline credit card which was used
to purchase gasoline far a personal vehicle on Friday, November 30, 1979' was
unwarranted, withoutjust and sufficient cause, on the basis of unproven charges
and in violation of the Agreement (System Files IND-728/2-MG-2737 and IND-727/2MG-2738).
(2) The claimants shall now be allowed the benefits prescribed in
Agreement Rule 48(e)."
OPINION CF BOARD: On November 30, 1979 Claimants used a company credit card
to purchase gasoline for Claimant Wynn's personal automobile
at Tuscola, Illinois. Both Claimants declared that the gasoline purchase was an
accepted method for reimbursing Claimant Wynn who had supposedly utilized his own
car to conduct company business. The Track Supervisor testified that all employes
had been instructed to submit an expense account form if and when any employs was
authorized to use his private automobile for a company purpose. After an
investigation held on January 17,
1980,
the Carrier dismissed Claimants from
service for misuse of the copany credit card.
The Organization argues that Claimants were merely following an alleged
past practice. At various times in the past, the Carrier had purportedly permitted
employes to buy gasoline for their personal autos on a company issued credit card.
Also, the Organization asserts that even if Claimants committed the offense,
dismissal was an excessive and arbitrary penalty. The Carrier contends that
Claimants attempted to deceive the Carrier by using the credit card, without
authority, to purchase gasoline for a private automobile.
In this case, Claimants purchased gas for Claimant Wynn's car on the
company credit card. Both Claimants knew the credit card was to be used only to
buy fuel for company vehicles. In addition, there is little or no evidence that
Claimant Wynn had, in the recent past, actually used his auto for company business.
The record before this Board clearly reflects that, during the present
Track Supervisor's tenure, employes were reimbursed for any out of pocket expenses
after they had submitted the appropriate expense account forms. Instead of filing
the appropriate expense account voucher, Claimants intentionally and dishonestly
engaged in a gross misuse of a company credit card.
Award Number 24299
Docket Number Zb1-24206
Page 2
Dishonesty is a serious offense which warrants a severe penalty. Third
Division Awards No. 73130 (Yornblum) and No. 23204 (Dennis). Since both Claimants
were willing and active participants in the dishonest act, we must uphold the
discipline assessed against each of them.
Inasmuch as we are denying this claim on its merits, we need not address
the Carrier's contention that the claim submitted to this Board was substantially
different from the claim handled on the property.
FINDINGS: The
Third Division
of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway labor Act,
as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By_
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April 1933.
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