Parties to the Dispute
PUBLIC LAW BOARD N0. 3542

Pennsylvania Federation Brotherhood of

Maintenance of Way Employes






STATEMENT OF CLAIM
(a) That J. E. Biddle, employed July 23, 1976, be restored to service with full seniority rights and all other privileges previously enjoyed.

 (b) That J. E. Biddle's record be cleared of all charges brought against him.

 OPINION OF THE BOARD
Claimant James E. Biddle, a B&B Mechanic in the Carrier's employment at Perryville, Pennsylvania, was charged November 30, 1982, with theft of gasoline from a Company truck while on Company property.
 A hearing was held January 7, 1983, at which time Claimant was found guilty and disciplined by dismissal.
 This Board has carefully reviewed this case and must conclude that while the finding of guilty was called for (inasmuch as all parties

 14 c,~)iKD A /1
 Case No. 20
 PLB-3542 -2- Awd. #18

involved agree to this), the discipline was excessive due to mitigating circumstances.
 While Carrier need not tolerate theft of any kind, it is clearly hurting all parties by dismissing Claimant Biddle. Mr. Biddle has no previous record of any kind in his six years of employment by Carrier. In this instance, Claimant did attempt to take some gasoline, but without malicious intent. The Board is directing that Carrier return . Claimant to his job without back pay. This incident will remain on Claimant's record.

AWARD

Claim sustained in accordance with opinion.




J Dodd, Employe Member R. 0'Neil, Carrier Member
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 Date of Adoption