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Brotherhood of Maintenance of Way Employees
Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. Carrier violated the effective Agreement by dismissing
Machine Operator Twilley on October 1, 1976, on unproven charges;
such dismissal was unjust and unwarranted.
2. Claimant be restored to service with all rights and
privileges unimpaired and paid for all time loss suffered.
FINDINGS: This Board upon the whole record and all the
evidence finds that:
The Carrier and the Employee involved in this dispute are
respectively Carrier and Employee,within the meaning of the
Railway Labor Act, as amended. _
The record of this case sufficiently demonstrates that the
Claimant did: (1) either break-in or assist in the break-in of
Carrier property, (2) utter a false basis for his. presence when
found to be there and (3) played a role in the misappropriation
and improper, unauthorized use of a -Carrier gasoline credit card.
For such action he was discharged from service. The basis for
the Organization's defense here is that the Clsgimant was somehow
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coerced into such action -- a claim that goes unproven on the
record -- and that the penalty of discharge was too severe. We
find no support for this request for leniency. The Carrier has
a right to expect its employees to adhere to reasonable rules
of conduct, even if they might not be familiar with posted Rules.
The Claimant's actions, by his own admission on the record, were
deliberate and with forethought. As to the Organization's claim
that the hearing was somehow out-of-bounds of proper procedure,
we find no basis to affirm this defense, either. We find no
basis to conclude that the Agreement was violated by the Carrier's
action.
AWARD:
Claim is denied.
s F. cearce
tral Member
· G. C. Edwards Fred Wu rpel,
Js
Carrier Member Organization M be
Dated this day of ~D at ~.W0
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