PUBLIC LAW BOARD N0. 3514

Case No. 85 Award No. 91

PARTIES

to

DISPUTE: Consolidated Rail Corporation

Brotherhood of Maintenance of Way Employes
-and-

STATEMENT OF CLAIM: Appeal of Richard Dix for disqualification

as a Foreman.

FINDINGS: Subsequent to an investigation, the Claimant was found guilty of the charge that he used 'a Company vehicle on Saturday and Sunday, September 13 and 14, 1980, without having secured proper authorization. The Claimant testified during the trial that he took the vehicle without proper authority. Accordingly, the Jarrier's findings and its assessment of disciplu.e were not unreasonable. However, given the period of time since the incident occurred, we consider this sufficient penalty for the violation, and he should be afforded another opportunity to serve as Foreman.

AWARD

The disqualification will be removed, but no back pay will be due the Claimant.-.This Award is to be effected within thirty (30) days of the date of this Award.

. J. omza sc:
;harrier Member

JAN 23 1°86

hard MuessiV
Neutral Member

-Cassese
Employee Member