sATIONAL RAMOAD AD,TUSTMENT BOARD
DIVISION Docket Humber W-24438
PARTIES TO DID: Brotherhood of Maintenance of Way ahployes
(The Chesapeake and Ohio Railway company
( (Southern Region)
STATEMM CF Q.Alrt: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Machine Operators S. W. quentrill,
R. T. Womack and R. L. Crawford for 'theft of gasoline' on September
IT,
1980 was excessive and wholly disproportionate to the charge levelled against
them (System File C-D-1022/MG-2928).
(2) The claimants shall be reinstated with seniority and all
other rights
uw~ ."
OPnPI0N Cdr' BOARD: Prior to their dismissal, claimants were employed by the
Carrier as Equipment Operators. They were assigned-to
Super Tie Form 1210, headquartered in camp cars at
Meadow
Creek, West
Virginia, vhen the occurrence giving rise to the dispute herein arose.
On September 22, 1.980, each of the claimants was instructed to
attend investigation on October
6,
1980, on the charge:
" ....with the theft of gasoline from Railway Company
equipment at about 2:30 a.m.,, Wednesday. September.lTr. 1980., at Hinton., West Virginia."
The investigation was rescheduled for 1:00 p.m., Tuesday. October T, 1980;
was conducted as rescheduled, and a copy of the transcript has been made a
part of the record. The claimants were present throughout the investigation,
testified, and were represented.
The investigation shows that about 2:30 A.M.,, September 1Tr 1980,
the claimants were observed by Police officers of Hinton, West Virginia, as
they attempted to pour gasoline into
claimant
Crawford's private automobile.
As the Police officers approached., the claimants attempted to hide. They
were later arrested on charges of petit larceny, trespass and tampering with
railroad equipment, and pled guilty to those charges before a County Magistrate. Each was assessed f
$286.00. The ,jail sentences were suspended upon payment of the fines and
costs. The two Police officers of Riaton, who apprehended the claimawta,
were present and testified at the investigation. Also, in the investigation each of the claimants ad
taking gasoline from Company equipment
at Hinton, and admitted pleading guilty to the pent larceny charge. They
contended, however, that they pled guilty to the charge only in order to be
released from the jail at Hinton.
Award Number
24354
Docket Number
MW-24438
Page
2
Based on the entire record, the Board finds that the investigation
was conducted in a fair and impartial manner, and we must conclude that substantial evidence was add
against each of the claimants. The contention that they 'borrared" the
gasoline in order to get back to the camp care, a distance of some fifteen
miles, is not persuasive. The record shove that each of the two autooobiles
claimants were using had about one-half tank of gasoline, sad that gasoline
was available for purchase about one mile from the location of Carrier's
work equipment.
This Board has rendered numerous awards upholding the dismissal
of employes for dishonesty. The claim herein will be denied.
F32IDMS: 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 her and Employes win 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.
Claim denied.
ATMT: Acting Executive Secretary
National Railroad Adjustment Board
r
BY
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Third Division
Rosemarie Branch - Administrative Assistant
Dated at
Chicago,
Minois, this IM day o! May
1983.
