Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27945
THIRD DIVISION Docket No. SG-27948
89-3-87-3-616
The Third Division consisted of the regular members and in
addition Referee W. F. Euker when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast Line)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother-
hood of Railroad Signalmen on the Seaboard System Company
(former Seaboard Coast Line):
On behalf of J. E. Williams, for reinstatement to service with all
lost time and benefits restored beginning September 9, 1986, and continuing
until this dispute is settled, account of Carrier violated the current
Signalman's Agreement, as amended, particularly, Rule 47 when it failed to
give him a fair and impartial hearing and assessed excessive discipline.
Carrier file 15-1 (86-51)."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant, a Signal Inspector, was charged with violating Carrier's Operating Rules G-1 and L, (D
possessed certain identified Carrier property on his premises at Franklinton,
North Carolina. He was notified to attend a formal investigation, which was
held on September 3, 1986, as scheduled, and then notified on September 19,
1986, that based on the evidence presented, he was dismissed from the service.
During the progression of the claim on the property, the Carrier asserted an
alleged procedural violation, but subsequently it was agreed to handle the
case on its merits.
Form 1 Award No. 27945
Page 2 Docket No. SG-27948
89-3-87-3-616
This is one of those cases where there is no serious conflict concerning the testimony or the ev
belonged to the Carrier, but was found in Claimant's possession without adequate or credible explana
take the property with the willful intent of keeping it permanently, or was
it as the Claimant so ingeniously describes it "merely a temporary use of
Carrier's surplus property." The Claimant states he was just using the property but fully intended t
the record does not indicate whether Claimant would have carried out those
good intentions.
The Board has stated on numerous occasions that dishonesty, where
proven, is a dismissable offense.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
/00
e Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.