NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-2460!
Robert W. McAllister, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
PARTIES TO DISPUTE: (Freight Handlers, Express and Station Employes
(
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9586)
that:
(1) Carrier violated the Agreement at Chamblee, Georgia, when on
January 19, 1981, it dismissed Claimants R. L. Puckett and W. L. Meeks, General
Clerks, from service, on a charge of conduct unbecoming an employee.
(2) For this violation, Carrier shall restore Claimants R. L. Puckett
and W. L. Meeks to service with all rights unimpaired, and compensate them for all
time lost, commencing January 19, 1981, and continuing until such restoration has
been accomplished.
OPINION OF BOARD: The Claimants, R. L. Puckett and W. L. Meeks, were employed
as general clerks with the Carrier since August 9, 1982, and
July 29, 1950, respectively. Both Claimants were advised to attend an investigation
in which they would be charged with conduct unbecoming an employe in that each
Claimant is claimed to have been found in possession of a case of the Carrier's
lantern batteries at their homes on January 3, 1981.
The Organization admits the investigation did, in fact, show that the
Claimants were in possession of the lantern batteries on January 3, 1981. Notwithstanding, the Organ
of the batteries in the performance of their earl ;r morning duties on company
property. Additionally, the Organization contends that numerous Board awards have
held that the degree of the penalty must be reasonably related to the gravity of
the offense. Herein, it is argued the assessed discipline is unjust and unreasonable.
Both Claimants have extensive service with blemish free records. The
batteries involved are not of substantial value. Nevertheless, both Claimants
placed themselves into a position which, despite their intentions, was without
authorization and did constitute conduct unbecoming an employe. The Board is
informed that Claimant Puckett retired on June 5, 1981, and in view of our findings
hereinafter, his claim is moot. Considering all the circumstances, this Board
upholds the Carrier's right to discipline, but considers the penalty of discharge
to be excessive. Claimant Xeeks' discharge is to be converted into a disciplinary
suspension, and he is to be restored to service without loss of seniority, but with
no back pay.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
Award Number 24868 Page 2
Docket Number CL-24609
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 discipline was excessive.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. ey'Xf - Executive Secretary
Dated at Chicago, Illvinois,this 28th day of June, 1984.