Parties to the Dispute
. PUBLIC: LAW BOARD N0. 3542

Pennsylvania Federation Brotherhood of

Maintenance of Way Employes




Consoldiated Rail Corporation

(al That T. J. George, employed by the railroad in excess of five (5) years, be restored to service with seniority rights and all other privileges provided for by either agreement or past practice. That he be com-. pensated for all lost wages-due to this dismissal and until such time as he is returned to the services of the Carrier.

 (b) That T. J. Geor;e's record be cleared of all charges brought against him.

 UPI?!ION OF THE BOARD
Claimant T. J. Genre, a Plumber's Helper at Carrier's Facility at Greentree, Pennsylvania, was charged with misuse of a Company credit card on February 12, 1982. (F?e was charged with usinG the Con Rail credit card to purchase gasoline for -his-private car). Claimant was notified by certified mail on February 16, 1932, to appear at a he,_rin.- into the matter on Pebru:iry 2+, 19822. The hearing

 Case No. 1 Award ilm.l

was held as scheduled without Claimant being present. d: the conclusion of the hearin;, Clainant was found Zuilty as charged and disnissed_from Carrier's service.
 Petitioner contends that Carrier denied, Claimant a proper hearing and that the merits of the case do not support his dismissal even if Claimant is guilty as charged.
 This Board has carefully reviewed the record of this case and must conclude that Claimant was granted all procedural and substantive rights guaranLe-ed by Agreement and that he was guilty of using

 the Con Rail credit card to put $24.00 worth of Exxon gas in his -

 private car.
 Petitioner's 'sT.-u·^2:,ts that Cl-iimnintaid not receive proper notice of the hearing and that he cps denied his rights because Carrier proceeded without Cl:imnnt present, are not persr,asive. Carrier properly .mailed t'ie notice of !,ear in.- to Clainc!tt. It va3 si;,ned for and received by a family ne:.Iber. Cirrier fulfilled its

 responsibility to notify Claimant properly. C1aisia;it failed to -

 appenr at the honrin3 na: ::is own peril.
 As to the .merits of the case, the facts of the record over- -- - whelminoly support the chare that Chin.^.nt used tae Con-Rail credit
 card to purchase gas for his private car- This i:; obviously staling -
 and Carrier need not continue in its r-_1010; people Who ~tenl frOr, it.

                                          Award No. 1


Claimant's behavior in this instance justifies-disszissal from service. When this incident is vieioed- din liSht of his pnat record of discipline, Carrier is more than justified is dismissing Claimant.

                      AWAO,D


                The claim is denied.


                          IA- g/


R. 3. Dennis,-?-lrutral Men'ber

 .J. Dodd, l'.flploye Member p. O "'oil, Carrier T(nfPil(?^