NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25028
John E. Cloney, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Machine Operator R. Brazell for alleged violation
of "Rule 801" was without just and sufficient cause and on the basis of unproven
charges (System File MW-82-17-CB).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record shall be cleared of the charge leveled against him
and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Claimant Roosevelt Brazell was a Machine Operator who had over
thirteen years of satisfactory service when he was dismissed by
letter dated February 24, 1982 for allegedly stealing five quarts of oil from
the Carrier's yard on February 23, 1982. Claimant denies the theft and contends
evidence presented at a formal hearing on March 16, 1982 was insufficient to
establish guilt.
This Board is of the opinion that the record developed at the hearing,
which consisted largely of the testimony of two Special Agents support the
Carrier's findings. Nevertheless, Claimant is an employee of long service with
no history of similar misconduct. His termination was almost two and one half
years ago. While this Board cannot and does not condone theft it feels in view
of Claimant's tenure and prior record it can reasonably be expected that he will in
the future comply with all regulations and now fully realizes dishonesty will not be
tolerated. We will reinstate Claimant, with seniority, and other rights unimpaired
but no back pay.
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 Employs 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 discipline was excessive.
Locket Number MW-25028 Page 2
A W A R D
Claim sustained in accordance with the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Nancy J. ~r - .Executive Secretary
Dated at Chicago, Illinois, this 28th day of June, 1984
