PUBLIC LAW BOARD A'0. 1760
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement 1. Carrier violated the effective Agreement when Mr. R. D. Girtman
of was suspended from service from December 21, 1979 to February 13, 1980.
Claim 2. Claimant Girtman shall be paid for all time held out of service
at his respective rate and any overtime that his respective gang
would have worked during the period from December 21, 1979 to
February 13, 1980 and that this hearing be stricken from his record
as provided in Rule 20 of the effective Agreement.
Findings The Board, after hearing upon the whole record and all evidence, finds
that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated February 2, 1976, that it has jurisdiction of
the parties and the subject matter, and that the parties were given
due notice of the hearing held.
This is a companion claim to that in Docket No. MW-STL-79-8 which
resulted in our Award No. 29, the findings of which, by reference
hereto, are incorporated herein and made part hereof.
Claimant was the accomplice, referred to in Award No. 29, who with
his Foreman participated in the removal of gasoline from Carrier's
pump in Luther Yard for use in said Foremans car as well as Claimant's
car. Claimant was charged with aiding and abetting his Foreman and
for the unauthorized use and possession of company gasoline.
Claimant was accorded the due process to which entitled under Rule
20 - Discipline and Grievances. The record clearly reflects that
f°GC3 /260 "'Award No. 30
Page 2
there was sufficient competent, credible and probative evidence adduced
to support the conclusions reached by Carrier as to the culpability
of Claimant.
In the circumstances, the discipline assessed was most reasonable.
This Claim will be denied.
Award Claim denied.
M. C. Christie, Employee Member 'G. C. Edwards, Carrier Member
A ur T. Van Wart, Chairman
and Neutral Member
Issued at Salem, New Jersey, November 26, 1980.