AWARD No. 345
Case No. 379
- PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF.WAY EMPLOYES
STATEMENT OF CLAIM: That the Carrier's decision to remove
Plains Division Trackman-Truck Driver John M. Farrar from
service was unjust; That the Carrier now reinstate Claimant
Farrar with seniority, vacation, all-benefit rights unimpaired
and pay for all wage loss as a result of investigation held
January 31, 1986 continuing forward and/or otherwise made whole,
because the Carrier did not introduce substantial, creditable
evidence that proved that the Claimant violated the rules
enumerated in their decision, and even if Claimant violated
the rules enumerated 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
herein 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 a formal
investigation in Amarillo, Texas, on January 31, 1986, concerning-his alleged possession of marijuana on Company property
near MP 615 on the Plainview Subdivision at approximately 2:00 pm
on January 1, 1986. Also, concerning the alleged falsification
on his application for employment dated February 20, 1979 and
his stating that he had never been convicted of a crime. Pursuant to the investigation the claimant was found guilty and
dismissed from the service of the Carrier.
Special Agent W. L. Hanna testified that he had received a phone
call from Swisher County Deputy Sheriff Charles Figley which
caused him to make an investigation concerning the claimant.
He testified that on January 9 he located the claimant and
told him that he would like to look at the items inside his
van but that he did not have a search warrant and that the
claimant did not have to let him look in the van. The claimant
voluntarily signed permission. The van was parked on Company
property adjacent to MP 615.
The Special Agent also checked the claimant's record and found
that he had been convicted of unlawfully carrying a prohibited
weapon. The judgment of the Court was introduced into evidence.
The claimant admitted that he signed the statement on his
application that he had not been convicted of a crime. The
claimant signed the statement that stated he understood that
PLB-1582
Award No. 345
Page 2
any misrepresentation on that application was sufficient cause
for discharge.
The entire transcript of 23 pages has been studied by the
Board, and there is no evidence which would justify overruling
the decision of the Carrier.
AWARD: Claim denied.
Preston J. doore, Chairman
Union Member
artier Member
Dated at Chicago, Illinois
May 6,1986