. 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