Public Law Board No. 2353
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville a-id Nashville Railroa3 Company
STATEMENT 1. The dismissal of Truck D fiver G. .S. Coleman
O
CLAIM: because of an ,alleged "attempt to remove useable
cross ties from Company property at South Nash
ville Yards about 7 p.m. on May 12, 1977 without
proper authority" was unwarranted, without just
and sufficient cause and 'on the basis of unproven
charges.
2. Truck Driver G. S. Coleman be reinstated
with seniority and alt other rights unimpaired
and he be compensated for all wage loss suffered.
FINDINGS: Claimant was dismissed for=attempting to remove
useable cross ties from Company property. He
and his son Were :observed loading a number of
cross ties in his own pickup truck at about
' . 2
~3 b 3-A w~
as
6:30 p.m. Investigation established that most of the ties were
useable and that claimant had not obtained a permit from the
Division Engineer's office to remove them, although he was aware
of that requirement.
While Carrier, as a regular practice, has given
away many scrap ties, it is a .reasonable exercise of managerial
authority to control their disposition by the use of the permit
system. Claimant was certainly at fault in taking it upon himself
to appropriate useable ties without obtaining a permit. His
testimony that Roadmaster Finch and Assistant Division Engineer
Hadden verbally authorized him to remove the ties without a,
permit is controverted by Messrs. Finch and Hadden.
On the other hand, we are not persuaded that
claimant really intended to defraud Carrier. There is testimony
that he was under the impression that he could take the ties.
In any event, under all the circumstances, it is our opinion
that dismissal of this employe who has an unblemished record of
24 years service for Carrier, is inappropriate on this record.
We will direct Carrier to offer him immediate reinstatement with
seniority rights unimpaired but without back pay.
AWARD: Claimant reinstated-without back pay. Award
to be effective within 30 days.
Adopted at Louisville, Kentucky, on
January 30, 1980.
Weston, , hairman
Employe oye Member