PUBLIC LAW BOARD NUMBER 3445
Award Number: 16
Case Number: 16
PARTIES TO DISPUTE
:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
And
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM
:
Track Laborer, Marion McElwaine, 648 Kilborne Drive, Gastonia,
North Carolina, was dismissed from service for allegedly altering an
Employee Transportation Railroad Request Form for his sister to use.
Employees request he be reinstated for with pay for lost time, with
seniority, vacation and all other rights unimpaired.
FINDINGS
:
During a routine audit of receipts submitted by Amtrak, Carrier discovered
that on August 30, 1982 a form had been submitted on behalf of Claimant for
travel between Charlotte, North Carolina and Philadelphia, Pennsylvania.
Claimant was authorized to travel no farther than Charlottesville, Virginia, and
further investigation revealed that a person other than Claimant had used the
authorization to travel to Philadelphia on Amtrak.
- Case
No.
16
As a result of these discoveries, Claimant was charged with altering one
of Carrier's Employee Transportation Railroad Request Forms, and with assisting
an individual other than an employee to use the form to travel from Charlotte,
North Carolina to Philadelphia, Pennsylvania. A hearing was held in order to
investigate the charges, and on the basis of the evidence adduced at the
investigation, Carrier determined that Claimant was culpable as charged, and
that he should be dismissed.
The Organization filed a claim protesting Carrier's actions and requesting
that Claimant be returned to service with seniority and all other rights
unimpaired, and with pay for all time lost. The claim was denied at all levels
of appeal on the property, and the Organization then submitted the matter to
this Board for resolution.
The issue to be decided in this dispute is whether Claimant was dismissed
for just cause; and if not, what should the remedy be.
At the hearing, Claimant testified that he changed the destination on
Employee Transportation Railroad Request Form 1f620, to Philadelphia, Pennsylvania, and exchanged it at an Amtrak ticket window for a standard Amtrak
passenger ticket. He then presented the ticket to his sister so she could use it
to travel to Philadelphia. Claimant also testified that the Form x/620 had been
!('
issued to him for his personal use. Further, Claimant admitted that he knew the
form was to be used only for his personal transportation to and from work, and
stated that he would repay the value of the ticket ($77.00) by January 10, 1983
(the hearing was held December 28, 1982)_ As of the date the dispute was
submitted to this Board, Claimant had not repaid the requisite amount.'
From the foregoing, it is clear that Claimant altered the Form #620 for
the use of his sister, and that such alteration and use, without reimbursement
of Carrier by Claimant, constituted a misappropriation of Carrier funds. This
was a dishonest act for which dismissal would be warranted even if Claimant had
been an employee of long standing. Accordingly, the claim must be denied in
its entirety.
AWARD
:
Claim denied.
Neutral Member
-ell j
rrier Me ber'
Organ tuber
Date:
~~ll! /. ~ /