PUBLIC LAW BOARD NO. 1760
Award No. 44
Case No. 44
Docket No. MW-STL-81-4
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
(Former Wabash Railroad)
Statement
of
Claim: Appeal
of
dismissal of Jesse Linville as a result of
formal investigation held on September 23, 1981, and
requesting that he be paid his respective rate for all.
time held out of service until he is restored to
his Water Service Foreman's position.
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.
Claimant, a Water Service Foreman-at Carrier's St. Louis Terminal,
was dismissed by Carrier on August 25, 1981. A request for hearing was
made and granted. Claimant was notified to attend thereat on a charge
of theft of one (1) Delta 902 Antique Brass Finish Lavatory Faucet
and the fraudulent use of Norfolk and Western Railway Company Purchase
Order Number to purchase this FauceL.
As a result of the investigation held, on September 23, 1981,
Claimant was advised, on October 12, 1981, that his dismissal had been
upheld.
Analysis of this record impells the Board to conclude that Claimant
was accorded all of his subsistive rights assured him by his discipline
rule.
There was sufficient competent and credible evidence adduced to
support Carrier's conclusions as to Claimant's guilt. Here, Claimant's
act involved dishonesty. As such he violated the fundamental tenant
PLB - 1760
-2- Award No. 44
of his relationship with his employer, i.e., honesty. When, as here,
honesty is involved in an employment relationship of a common carrier
immediate steps must be taken to remove such an individual from the
Carrier's employ to assure retention of the public's confidence.
Dishonesty, when proven, normally results in dismissal. The
Board finds that the discipline assessed was reasonable. This claim
will be denied.
Award: Claim denied.
M.
A.
Christie, Employee Member S. C. Lyons, Carrier a er
/ v~
. ur T. Van Wart, Chairman
and Neutral Member
Issued May 13, 19133.