PUBLIC LAW BOARD - NO. 3514
Case 53 Award 53
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM: That Trackman William H.Roemple was unjustly
dismissed from the service, and that he be reinstated to service
with seniority and other rights unimpaired and compensated for all
lost time while out of the service.
FINDINGS: The Claimant was dismissed from service on May 15, 1981
following an investigation at which time he was charged with taking
Company property without proper authorization. The Claimant had
earlier received the Carrier's permission to pick up old railroad
ties and tie stubs. However, on the day of the incident that led to
this dispute, the Claimant was found by the Carrier to have 25 new
ties in his possession. At the hearing, he admitted that he did not
have proper authority to take these new ties.
The Board is not unmindful, as argued by the organization, that
the Claimant was perhaps undergoing certain personal hardships which
may have influenced him to take the new ties. However, Carrier
argues, notwithstanding Claimant's contentions, that it cannot
tolerate theft and, accordingly,- that the claim should be denied.
Under the circumstances prevalent herein, we will not disturb the
Carrier's action.
PLB No. 3514 C-53 A-53
Page 2
The claim is denied.
AWARD
F,/-7:
Domzci Eckehard Muess
C3r-rier Me r Neutral Membe
APR 11 1985
61
_J. P. Cassese
Employee Member