' PUBLIC LAw faARD D?O. 2444
Award No. 41
Case No. 54
Docket No. M 80-124
Parties Brotherhood of 'Maintenance of Pray Employes
to and
Dispute Southern Pacific Transportation Company
(Texas and Louisiana Lines)
statement 1. Carrier violated the effective Agreement when Laborer
of P. E. Ixnna was unjustly dismissed on unproven charges.
Claim
2. Claimant Lenna'shall now be reinstated to his former
position with pay for all time lost, seniority, vacation
and all other rights unimpaired; and that this charge be
stricken from. his record.
Findings The Board, after hearing upon the whole record and all
evidence, finds that the parties herein are Carrier and Employee, within
the meaning of the Railway Labor Act, as amended, that this Board is
duly constituted by Agreement dated July 19, 1979, that it has
jurisdiction of the parties and the subject matter, and that the parties
were given due notice of the
hearing held
.
Claimant, a track laborer, was employed by Carrier for nearly two
years. He was advised, under date of June 17, 7980, as follows:
"you are dismissed from the service of the Southern
Pacific Transportation Company for your theft of company
property including chairs and tahles, lube oil, cross tires,
and cleaning equipment.
Dishonest behavior is in violation of Rule 801 of the
General Rules and Regulations.of the Southern Pacific
Transportation Company. Rule 801 is quoted in part
as follavs:
'Employees will not be retained in service who are...
dishonest, immoral..."
Page 2
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zaard No. 41
Claimant, requested and was granted a
hearing. As
a result thereof
Carrier concluded that the discipline assessed should be sustained.
Claimant was accorded the due process to which entitled under his
discipline rule.
There was sufficient evidence adduard, including the admissions of
Claimant to
supper
the conclusions reached by Carrier as to Claimant's
guilt. There is no need to repeat the sordid details. The Hoard does
not pass upon the credibility of witnesses including Claimant's wife as
such is reserved to Carrier.
It is a general tenant in the railroad industry, as it is
elsewhere, that dishonesty is a most serious offense. Such conduct
usually results in dismissal.
The Hoard finds no cause in this record to interfere with the
discipline assessed. This Claim will be denied.
IWRD: Claim denied.
ILI
M. .~loyee hISembex C. B. C,oyne. Member
-Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts, June 10, 1982.