. PUBLIC LAW 
BOARD N0. 3S=t2
Parties
to the
Dispute
Pennsylvania Federation Brotherhood of
Maintenance of, Way Employes
VS.
Consolidated Rail Corporation
STA'tcEMENT 
OF CLAIM
(a) That Leon Davis, Jr., employed by the Carrier as a
Trackman at Chicago, Illinois, be restored to all service
of the railroad with all privileges intact and the Claimant compensated for all lost wages from November 7, 1981
until so restored.
(b) That Leon 
Davis, 
Jr.'s record be cleared of all
charges brought against him.
OPINION OF THE BOARD
Claimant L. Davis, Jr., was a Trackman at Carrier's Facility
in Chicago, Illinois. In December-19.')', hewas charged by Carrier
with violations of numerous rules resuLtttna Eroia 
his 
alleged participation in attempting to remove merchandise-consigned to Carrier
from Company pruperty. <\ herring into tile matter__was held on
January 6, 1982. Claimant appeared but refused 
to 
answer, questions
Case 
No. 2
Award No. 
2
P46 1-16 36YX'
Awp 1`6.:PL
because 
his 
Attorney contended that 
his 
answers might be used against
him in upcoming criminal proceedings involving the same incident.
The Hearing Officer, however, 'geld 
the hear 
inas schedules( (with
the Claimant in attendance, but not participating). At the conclusion of the January 6, 19°,2, hearing, the proceedings were adjourned
until January 1`i, 1932, in order to give Claimant time to secure
witnesses and prepare a defense. The hearing was reconvened as
scheduled. Claimant leas not in attendanco. Carrier proceeded with
the hearing and as a result, found Claimant guilty as charged and
dismissed him from service. Clainaat was ultimately found guilty
by Civil Court of felony theft.
Claimant in this ease refused tn 3o forward at his hearln?
at his own peril. Carrier lave hi:: every opuortunity to defend
himself on 
two 
se?vrate occsions: ,January 6 and 1'J, 1902. His
failure to participate can not Wallcw:ato impede the hearing
proc'Ssa.
On- tV merit , of ti,- case; Carrier h."I 
e; 
^-witacss^s ti Ba
fact that C:aim!int 
dal 
others 
wer° W&nI- 
"rrilr 
-lerCi·n&L;"
1n a station 
L'c 
gnn and t,'nicpwr ting 
it 
off 
Cnava 
nv property 
O;·;1
they were stnipnfi i)\' Con 
011 Polio 
and 
My 
Police W placed
under arrest. Carrlur need not 
continue $uW a-ploy?, i'1 
.,:=r0ce.
It 
1:all. 
i:a'i:r.iC:)O'.: in tQ C;·j:ilaa: la.. 
.!' 
, t:!;:t 
1' ,'SI:.n ..
PLB No. 3542
Case No. 2
Award No. 2
caught stealing, you -.gill be fired--and host likely be arrest*d
and char_ed. Claimant has n9one but himself to b14ms 
for 
his
dismissal.
AIdA"u
T:r-- claim is denied.
o/g~
r',. 
_. Dennis, 'Aentral 
?7eiher~Z
v
,
Todd, faoloe 
;ie!aber ~. O'Neil, Carrier aer,be·r