PUBLIC LAW BOARD NO. 3308
Award No. 2
Case No. 2
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATEMENT "Claim that former Illinois Division Trackman
OF CLAIM T. D. Moore be reinstated to service with seniority,
vacation, all benefit rights'unimpaired and paid for
all wage loss and/or otherwise made whole, account
being unjustly dismissed for alleged theft of company
material as a result of formal investigation held
January 18, 1982."
FINDINGS Upon the whole record the Board finds that the parties
herein are Carrier and Employes 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.
The Claimant was employed as Trackman for the Carrier on
June 28, 1978. In a letter dated December 15, 1981 Claimant was
advised to report for formal investigation to be held December 28,
1981, concerning his alleged theft of Company material in Streator,
Illinois, on or about November 20, 1981. At Claimant's request,
tide investigation was postponed and was held January 18, 1982.
The Board has thoroughly scrutinized the entire record of this
dispute, including the transcript of the formal investigation. The
hearing and investigation record in this case support a finding that
the Claimant was guilty of the charges filed.
Numerous awards of the various Divisions of the National Railroad
Award No. 2
.3308
Page No. 2
Adjustment Hoard have held that the type of behavior displayed by
the Claimant in this instance is unacceptable by any standard and
is grounds for severe discipline. Carrier need not maintain such
individuals in its employ. Therefore, the Hoard holds there is
no justification to overrule the decision of the Carrier.
AWARD Claim denied.
Clarence H. Herri
Neutral Member
/- · ~~ , l_ ~,-L
Carrier Member Organization Member
Dated at
Chicaao
February 22, 1983