Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and
Louisville & Na3hville Railroad Company
STATEMENT , 1. The dismissal of Machine Operator J. E.
_OF
CLAIM: Booker was without just or sufficient cause
and extremely disproportionate to the offense
with which charged.
2. The claimant shall be restored to service
and accorded the benefits of the first paragraph
of Rule 27(f).
FINDINGS: There is
substantial
evidsncein the record
that despite prior warnings, claimant siphoned
. gasoline from a company truck into his own per
sonal vehicle. Claimant conceded taking approxi
mately six quarts of oil and some gasoline for
his own personal use. He also testified that he
had taken two gallon bottles of Windex and a
bottle of cleaning detergent.
2
X363-
AL-_)D
al
We find no basis in this record for substituting
our judgment for that of Carrier with respect to its decision
to dismiss claimant. While we are very much concerned by the
use of such extreme disciplinary action, we also must be mindful
of Carrier's relia:zce in its far-flung operations on the responsibility of its employes to protect property.
AWARD: Claim denied.
Adopted at Louisville, Kentucky, January
3
0; 1980.
Harold M. Weston, Chairman
,arrier Member
Employe Mete