Award No. r_3
Case No. 55
Public Law Board No. 2778
PARE, T~ Brotherhood of Maintenance of Way Employes
DISPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT Trackman C. E. Faraker was dismissed unjustly and
CLIM: should be restored to service in accordance with
Rule 48(e).
FINDINGS: Claimant was dismissed on the basis of Carrier's
findings that he had filled the tank of his own
car with some 15-20 gallons of gasoline that he had
taken without permission from one of Carrier's stor
age tanks. There is substantial evidence in the
record that supports these findings; the evidence
also indicates that claimant had taken gas for his
own use from the storage tank on prior occasions.
Claimant admitted taking the gasoline without per-
mission for his own use. He testified that he had used his own
automobile at times during working hours to assist Carrier in
hauling men and material and., on the Saturday in question, to
in
spect tracks for vandalism reported by a friend called "Cherokee"
who claimant happened to meet.
PLB - 2778 Award No. 23
In this setting, no valid ground is perceived for
setting aside Carrier's findings of fact or reversing its decision
to dismiss claimant.
AWARD: Claim denied.
'Adopted at Baltimore, Maryland,~
Z Z-j
1984.
Haro d M. Wes on, Cha rman
~~',~
.rd
gG~J
arrier--tember mp oye Mem er