Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT The dismissal of G. L. Brock was without just and
OF
CLAIM: sufficient cause; he shall be allowed the remedy
prescribed in Rule 27(f).
FINDINGS: Claimant was dismissed from Carrier's service after
a hearing had been held in the matter, for violation
of Rule G since he was convicted of criminal possession
of forged instruments in a court of competent juris
diction -- Knox Circuit Court -- on March 17, 1981.
Ten of Carrier's payroll checks had been taken from
the Barbourville, Kentucky, depot on November 13, 1980. Several
of them appeared in the possession of claimant's brother. While
claimant accompanied his brother to a bank where the brother was
going to cash the checks, claimant insists that he did not know
that the checks were forged or improperly in his brother's possess
ion. When claimant discovered the truth, he attempted to talk
his brother out of cashing them but without success.
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This is a sad case and we feel a good deal of compassion for claimant. The record provides no basis, however, for
reversing Carrier's decision to dismiss claimant. He was found
guilty by a court of competent jurisdiction and Rule G was clearly
violated, even though he only was guilty of poor judgment and protecting his brother by not notifying Carrier and other authorities
in a timely manner.
AWARD: Claim denied.
Adopted at Jacksonville, Florida, April 21, 1983.
J
Harold
M. Weston,' Chairman
C Vri-er Member mploye Me er