Award No.
45'
Case No. 45
Public Law Board No. 2203
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT (a) The Carrier violated the Rules Agreement,
OF
CLAIM: effective December 16, 1945, as amended, partic
ularly Rules 5-A-1 and 5-E-1, when it assessed
discipline of dismissal on Truck Driver, H. L.
. Murray, Central Region, Pittsburgh, Pennsylvania,
on June 6, 1977.
- (b) Claimant Murray's record be cleared of
the charge brought against him on June 6, 1977.
(c) Claimant Murray be restored to service
with Seniority and all other rights unimpaired
and be compensated for wage loss sustained in
accordance with the provisions of Rule 6-A-1(d),
with restoration of benefits.
FINDINGS: On June 3, 1977, the same day he was assigned
to a Fuel Truck Driver position, claimant purchased gasoline
for his personal vehicle and charged the purchase amounting to
$8.74 to the Carrier.
Claimant's explanation was that when he left
work on June 3, a Friday, no one was "around" and he needed gas
to get home. He testified that he intended to repay the money.
Pilfering, whatever form it may take, is a
serious offense, particularly in the railroad industry where
farflung operations make it necessary to rely in large measure
on the honesty and good faith cooperation of employes. There
are many cases where employes' dismissals have been sustained,
and properly so, for thefts of less money than is involved in
t he present case.
We would not substitute our judgment for that
of Carrier in this matter if the record was free from doubt.
However, there is some question as to whether claimant really
intended to defraud Carrier. He appears to have never concealed
the fact .that the gas 'was purchased for his own automobile.
While the charge against him is "Misuse of company credit card,"
he never had a credit card issued to him or in his possession;
we are mindful, however, that he used the credit system to obtain
the gasoline.
In the light of all the circumstances of this
case, we will reduce the discipline to a lengthy suspension
without pay. The loss of compensation involved will emphasize
3
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to employes that their conduct insofar as charging purchases to
Carrier is involved must be beyond reproach.
No prejudicial procedural error has been committed by Carrier and claimant was accorded all rights of due
process.
AWARD: Claimant to be reinstated without back pay.
Award to be effective within
30
days.
Adopted at Philadelphia, Pa., ;
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