NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24.'35
Tedford E. Schoonover, Referee
(Brotherhood of Maintenance of way Employes
PARTIES TO DISPUTE:
(The Washington Terminal Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Carpenter J. W. Curtis, Jr. for violation of
°Rule L" was
excessive and
disproportionate to the charge leveled against him.
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: On September 14, 1981, L. A. Phillips, Engineer, addressed
the following to Claimant:
"You are hereby ordered to appear for a Hearing
on Tuesday, September 22, 1981, at 9:30 a. m., in
the Hearing Room of The Washington Terminal Company,
Union Station, Washington, D. C., on the following
charge:
'Violation of Washington Terminal General
Rule "L", Paragraph (3): "Unauthorized
possession, removal or disposal of any
material from Company property is prohibited.°
When on
September 11,
1981, about 4:30 p. m.,
at the "F" Street window of the .Hail
douse restroom, a U. S. Capitol Policeman
observed your unauthorized possession,
removal and disposal of material from the
W. T. Company property.
Material -
1. One (1) bundle of hand towels
2. Three (3) gallons of cleaning fluid
3. One (1) shopping bag containing
miscellaneous items.'"
Award Number 24591 Page 2
Locket Number Mw-24735
Claimant failed to appear for the hearing on the date set and on the
request of his representative hearing was postponed until September 29, 1981.
At the hearing Claimant was represented by Nancy DiStefano, District Chairman
of the Brotherhood.
During the hearing Claimant admitted guilt of the charge and stated
he placed the material in the car which transported him from his work to his
home. He added further his intention to use the material in his home for his
personal benefit. He did not obtain permission for taking the material from
Company property from anyone in authority. He was an employe of some eight
years-service, certainly sufficient experience to understand talking to another
employe about such a matter was not the kind of authority required. His act in
placing the material outside the company building and hiding it in the bushes
until his ride came by proves his intent to remove the property from company
premises.
His prior record includes five instances of disciplinary action over
the eight years of his
employment. In
1976 he was dismissed for insubordination
and restored as a result of an appeal by the Brotherhood. During the next
three years he was suspended for various periods from 7 to 30 days for excessive
absence and tardiness from work. During 1979 he was suspended for 20 days for
being disorderly and using profanity in the presence of passengers. A11 in
a11, not a good record and understandably causing the Carrier to reach the
conclusion that the theft admitted in this case fully justified his dismissal.
Claimant received a fair and impartial hearing as required by Rule No. 5 of the
labor agreement and was actively represented by the Brotherhood at both the
hearing and on later appeals. we do not find the disciplinary action capricious
or arbitrary. The evidence supports a finding that dismissal was reasonable
and for just cause.
FINDINGS: The Third Divsion 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 _Dnployes involved in this- dispute are respectively
Carrier and E5nploye 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.
Award Number 24591 Page 3
Locket Number MW-24735
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division.
Attest:
Nancy J. Dev -Executive Secretary
Dated at Chicago, Illinois this 15th day of December 1983.
