Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)

Statement Claim of BMWE and Track Laborer Joanes Smith for reinstatement of to his former position with all seniority, vacation rights and Claim all other rights unimpaired, in addition to all pay lost

commencing December 16, 1980 to run concurrently until such time that Joanes Smith is restored to service.

Findings The Board, after hearing upon the whole record and all evidence, finds that the parties herein axe Carrier and Ehployee, within the _waning 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 tie parties were given due notice of the hearing held.

(Claimant, a frank laborer, bad been gmplcyed almost eight years. He was assigned to extra gang 138. Claimant, an Deer 9, 1980, was relieving the labor/driver on said gang. He was advised under date of December 16, 1980 as follows:

"You are dismissed from the service of .t11e Southern Pacific Transportation Company for your responsibility in having an accident in a company truck after assigned working hours without authority an Tuesday, December 9, 1980 at proximately 11:45 PM, causing extensive damage to the company vehicle and to a 1971 Ford pick-up truck, lAiich is in violation of that portion of Rule 801 and Rule M240 which read in part as follows: 'FUle 801. Employes will not be retained in the service

Page 2 3444 - Aqard No. sl

who are careless of the safety of themselves, dishonest,..

' F3ule M240. CaTany vehicles are to be used expressly for and exclusively in Company business.."

The record reflects that sometime about 11:00 PM, or shortly tbereafter, while off duty and in his assigned calpany trailer at the trailer park 3n Alexandria, Louisiana, same 12 miles from the work site; Claimant laborer relembered that he had taken his wedding ring off his finger while washing his hand and had forgotten and left the ring at said work site. There was no one at the trailer park that could provide either transportation or authority Claimant, not paving any transportation and thinking of the thirteen years that he had worn the ring, used the caTany truck No. Ir-72 to go to the work site. He became involved in a vehicular accident on December 9th at about 11:30 >M.

The Hoard would not generally interfere with the discipline assessed. However, Claimant is a young roan, with an excellent work record. He is considered by his supervisors as being one of the best latamra that they have yes. We find that with such affirmative and credible reoamm-idations that Claimant should be given another opportunity to continue working with the Carrier and at the same time provide Claimant with an opportunity to pay for the damage that he

gently, subject to the following ooriditions, Claimant will be reinstated to service with all rights unimpaired but without pay for time oat of service. The damage to Carrier's vehicle, irr72 is limited to $3,000.00. Claimant will be required to repay that limited and stipulated amount at the rate-of $20.00 per pay period, by having same

Page 3 ~;)4UN - Nqard No. 51

(30) days of date of issuance shown below.

Arthur T. Van Wart, Chairman and Neutral MHter