PUBLIC LAW BOARD NUMBER 3445
PARTIES TO DISPUTE

 STATEMENT OF CLAM
Award Number: 6V

 Case Number: 68

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 SOUTHERN RAILWAY COMPANY

 Claimant, W.J. Cooper, Jr. P.O. Box 85, Vossburg, MS 39366, allegedly charged with conduct_unbecoming an employe account his allegedly being convicted of a felony charge of simple robbery.

 FINDINGS
Claimant entered the Carrier's service on April 9, 1979.

 By letter dated_December 9, 1988, Claimant was directed to attend a formal investigation on charges of conduct unbecoming ah employee. The investigation was conducted on December 21, 1988 at which time evidence was adduced which sustained. the charge. 'Claimant was dismissed by letter dated

 December 27, 1988.

 The issue.to be decided in this dispute is whether Claimant was

dismissed for just cause under the Agreement; and if not, what should the remedy be. .

 'Claimarlt"last work'

 ed on Octoliai

 21, 1986, after~whicti''tiine, he was

 medically disqualified from service,- In October 1988, Claimant contacted the Carrier, about returning to work. '.The Carrier's .Police conducted a
 background check of Clait

 man relative to his return to work." In the.courspo°

 of that check, the CArrier learned that Claimant had been arrested on July
 8, 1987 and charged with armed robbery. Claimant -subsequently pleaded , guilty to simple robbery and was sentenced to 5 years'incarceration with 3 Years suspended. Claimant was paroled on October 7, 1988..

 The position of the Carrier is that Claimant was justly dismissed under the Agreement. The Carrier maintains that there is no doubt that Claimant pleaded guilty to robbery. The Carrier further contends that both the plea . and the act precipitating the plea constitute unbecoming conduct. Based on the foregoing, the Carrier maintains that dismissal is warranted and is in

 proportion to the severity of the offense.

 The position of the Organization is that Claimant was dismissed without just cause. The Organization maintains that the Carrier's "sole" basis for

 discipline is "copping a plea." The Organization contends, by implication,
 m
 that pleading guilty is not sufficient basis for discipline. It asserts
 that, "It is.not uncommon to cop a plea in the state of Mississippi.,..

dismissed for just cause under the. Agreement.

 The'Carrier.,has established by' substantive credible evidence in the record that Claimant pleaded guilty,to charges.of simple robbery and was incarcerated based on that plea. A guilty plea is proof of the charge to . which the defendant pleads. Claimant, therefore, was reasonably found to have committed the robbery, and the Carrier had adequate basis for ,finding-'
robbery to be conduct unbecoming'ari employee. Moreover, the implications '' `"'-=" -
 from Claimant's involvement in robbery make it reasonable for the Carrier, to -

 find that,he would be'a detriment 'to its operation. Dismissal based on this. '"

 o

 record is warranted and is neither arbitrary, capricious nor discriminatory.'

AWARD . I°'i , ,

 i Claim denied.

              - , -

VI V

                    Neutral mber


                    Carrier Member


                      Organization Member


Date: f~Elq~O

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