AWARD
N0. 280
Case No. 317
PUBLIC LAW BOARD
N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: That the Carrier's decision to remove Claimant
moo s rom service was unjust; That the Carrier now reinstate
Claimant Woods with seniority, vacation, all benefit rights unim
paired and pay for all wage loss as a result of investigation held
August
17, 1984
continuing forward and/or otherwise made whole,
because the Carrier did not introduce substantial creditable evi
dence that proved that the Claimant violated the rules enumerated
in their decision, and even if Claimant violated the rules enumer
ated in the decision, permanent removal from service is extreme
and harsh discipline under the circumstances.
FINDINGS: This Public Law Board No.
1582
finds that the parties
er~ein 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 notified to attend an investigation in Amarillo, Texas on August
17, 1984
concerning his alleged
use of a Company credit card to purchase gasoline for his personal
vehicle. The investigation has been reported and the testimony
and evidence contained therein has been examined.
The claimant admitted his guilt and admitted that he knew it was
wrong at the time. He stated during the investigation that he knew
he would be dismissed. From his statements, he appeared to be a
sincere employee and regretted his actions. However, this Board
does not have the authority to overrule the decision of the Carrier. Under the circumstances, the claim is denied.
AWARD: Claim denied.
Preston . Moore, Chairman
Dated at Chicago, I11
Union Member
October 22, 1984
Cam er~