PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim is in behalf of E. Thomas for reinstatement to his former position with seniority, vacation and
all other rights unimpaired and compensation for wage loss beginning September 4, 1974, continuing forward until restored to
service.
FINDINGS: This Public Law Board No. 1582 finds that the parties
erein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was charged with making an unauthorized pick up of a time check issued to another employee
in
the
amount of $180.81 and cashing said check. At the investigation
the claimant was found guilty and discharged from the service of
the Carrier.
The' Organization contends that the claimant did not have a fair
and impartial investigation and requested that the claimant be
reinstated with seniority and all other rights unimpaired and
compensation for time lost. The Organization contends that the
testimony introduced at the hearing.was inconclusive and that
the discipline assessed was harsh, arbitrary and unjust.
The Carrier contends that the evidence of record substantiates
the charges and'that the discipline assessed was reasonable and
just under the circumstances.
On Pages 11 and 12 of the transcript the claimant admitted that
he accepted the check and that he knew it did not belong to him.
He stated that he stalled for a minute or two trying to decide
whether to take it back or whether to keep it. He admitted that
he understood Rule 752 (b) and that he did not comply with that
rule.
Boards are replete with decisions which have held that a Carrier
is not required to keep a dishonest employee in service.'.After
studying all of the evidence of record, there is no evidence
which would justify overruling the decision of the Carrier. Under
the circumstances herein permanent dismissal is neither harsh,
arbitrary or unjust.
PL- 6 1-$ 8,
Award No. 16
Page 2
AWARD: Claim denied.
January 2, 1976
n
Preston . l o ' 'e, C airman
Organization Member
Carr r Member