NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-26113
John W. Gaines, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
"(1) The dismissal of Welder Foreman G. 0. Gaylord for alleged violation
of Rule 'I' was without just and sufficient cause and on the basis of
unproven charges (System File NEC-BMWE-SD-630-D).
(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: Claimant was in the employ of Carrier as Welding Foreman,
having entered Carrier's service on May 19, 1976. He
was dismissed from service by letter dated June 3, 1983, following a hearing
on May 19, 1983, to determine his implication in regard to the charge
specification:
" . . . fraudulent credit purchases at the T. G. Ma11ot AMOCO
Station, 731 Philadelphia Road, Aberdeen, Maryland, utilizing
an AMTRAK issued AMOCO credit card. One such incident occurred
on March 23, 1983, between 7:00 AM and 9:00 AM, in which you
pumped 20.8 gallons of gas valued at $21.90 into a 1978 Chrysler
with Maryland License AKF 788, which is registered in your
name, using AMOCO credit card 4801-0015 to imprint the ticket.
On April 14, 1983, you pumped 13.3 gallons of gas valued at
$14.95 into the same vehicle utilizing AMOCO credit card 4801-0011
to imprint the charge slip."
The Hearing Officer heard the testimony of Carrier's witnesses
consisting of a gas station attendant employed at AMOCO and a sergeant of
Carrier's police force who was the investigating officer and chief witness.
There was substantial evidence presented linking Claimant and his private
white Cordoba Chrysler vehicle to the gasoline credit charges. The Hearing
Officer found these charges, auto, and Claimant linked despite Claimant's
denials. Under the fact situation as it developed here we are accepting
his determination of Claimant's guilt of these acts of dishonesty, which
are extremely serious offenses involving misplaced trust. Having this
nature, they indeed warrant punishment.
It is within Carrier's discretion to consider the penalty. Carrier
assesses dismissal as the appropriate discipline. We concur. In our Award 19486,
we stated:
"This Board has taken the position that Carriers are not required
to retain employees who are dishonest or bring discredit to
the Carrier in their service."
Award Number 25843 Page 2
Locket Number MW-26113
The manner of conducting the hearing and other handling on the property
impresses us as fair, impartial, and free from abuse of discretion and
arbitrariness.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
I
Attest:
Z'
Nancy r - Executive Secretary
Dated at Chicago, Illinois this 13th day of January 1986.
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