Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO -
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The dismissal of Truck Driver J. J. Ganey for
OF
CLAIM: "having marked coins in his possession that belonged
to other employes in his gang" was without just and
sufficient cause and on the basis of unproven charges.
2. J. J. Ganey shall be reinstated with seniority,
vacation and all other rights unimpaired and compen
sated for all wage loss suffered.
FINDINGS: Claimant served as a truck driver in a floating
timbering gang. Its members were housed in camp
cars during the work week. During the early part
of September 1980, several employes assigned to the
gang complained to Foreman Williams that money was
being taken from their suitcases during the time
they were out working on the track.
In an effort to remedy the situation, four of the
employes marked some of their coins and placed them in suitcases
belonging to two of the employes. The Foreman authorized M. W.
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Madden, one of the members of the gang, to observe the camp cars
on the morning of September 18, 1980.
According to Mr. Madden, claimant appeared that
morning, entered the area where the suitcases were located, stayed
there about five to ten minutes and then drove off in his truck.
Mr. Madden testified that he checked his suitcase immediately and
found the coins gone-.
When these developments were reported to Foreman
Williams, he confronted claimant who took change out of his pocket.
In the change were four quarters, one dime and one nickel, all
marked in the manner the four employes had marked them. Claimant's
explanation was that they must have been placed by someone else
in the pants pocket he had worn the night before and were lying
at the foot of his bunk.
We are in accord with the comments made by Public 4aw
Board 1844 in Award 56, emphasized by Petitioner. It is always a
matter of concern to this Board when an employe is dismissed. However, Carrier's findings are supported by substantial credible and
detailed, though circumstantial, evidence and we find no persuasiveground for setting them aside. The small amount'of money involved
provides no basis for substituting our judgment for that of Carrier in this matter. No reversible error is disclosed by the
record.
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AWARD: Claim denied.
Adopted at Jacksonville, Florida, April 21, 1983.
Harold".M.'Westo , Chairman
Employe Membe