J
PUBLIC LAW BOARD N0. 2774
' Award No. 33
Case No. 42
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the dismissal of New Mexico Division Trackman J.U.
CLAIM- Urioste was unjust.
2. That Claimant J.U. Urioste be reinstated to service, with
seniority, vacation, all benefit rights unimpaired, pay
for wage loss and/or otherwise made whole."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that
this Board is duly constituted under Public Law 89-456 and has jurisdiction of the
parties and the subject matter.
Claimant with ten years of services following an investigation held on November 24,
1980, was dismissed from service for allegedly removing two spare wheels and tires
from a shipment of pick-up trucks parked in the Yard.
Claimant herein was accused of a serious infraction involving dishonesty. A study of
the transcript of the investigation reveals evidence which is circumstantial in part,
contradictory in part and also relying heavily on an ambigious polygraph report. The
Board's conclusion is that something untoward did occur but there was insufficient evidence to establish clearly that Claimant was guilty of a dishonest act justifying the
ultimate penalty of dismissal. Therefore, the Board concludes that Claimant shall be
reinstated to his former position but without compensation for time lost.
AWARD
Claim sustained in part; Claimant will be restored to service
with all rights unimpaired but without compensation for time
lost.
-2-
33-a-7
z41
ORDER
Carrier will comply with the Award herein within thirty (30)
days from the date hereof.
~~r
w
. . Lieberman,, Neutral -Chai man
S. E. Fleming, Emp oye Member .h. rmon, Carrie Member
May 13
, 1982
Chicago, IL