PUBLIC LAW BOARD N0. 1760
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Norfolk and Western Railway Company
(Former Wabash)
Statement
of Claim: Claim on behalf of J. R. Downey requesting that he be
reinstated with all rights unimpaired and paid for time lost
as a result of his dismissal for misuse of a company credit
card.
Findings: The Board has jurisdiction of this case by reason of the
parties Agreement establishing this Board therefor.
The Carrier in 1988 conducted a system wide audit of
purchases on the universal gasoline credit card for the
accounting months of January 3, 1987 through February 1988.
Each credit card has a number and is assigned to a
Company vehicle of the same number. As a result of that
internal audit Claimant Welder's truck was found to have a
higher average of purchases during the dated period.
Claimant was interviewed on September 7 and 21, 1988 by the
Manager of Audit because of purchases on 3 or 4 occasions.
Claimant was removed from service pending the holding of a
formal investigation which was held October 12, 1988. As a
result thereof, he was discharged as discipline therefor.
The Board finds that Claimant was accorded the due
process under Rule 30.
There was sufficient evidence adduced to support the
conclusions reached by Carrier.
However, there were circumstances which serve to
mitigate the discipline imposed. The Board will reinstate
Claimant to service with all rights unimpaired but without
pay for time out of service subject to passing the necessary
physical examinations.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award effective within
hirty (30) day f date of issua a shown below.
5. . 'Hammonds, Employe
I
em r L. F Mi ier Member
Arthur . Van Wart, Chairman
and Neutral Member
Issued February 23, 1990.