PUBLIC LAW BOARD
N0. 3542
Parties
to the
Dispute
Pennsylvania Federation Brotherhood of
Maintenance of Way Employes
VS.
Consolidated Rail Corporation
STATEMENT OF CLAIM
(a) That Paul Cimakasky, employed by the Carrier on June
18, 1974, be restored to service with seniority rights and
all other privileges provided for by either agreement or
past practice. That he be compensated for all time lost
until such time he is returned to the service of the
Carrier.
(b) That Paul Cimakasky's record be cleared of all charges
brought against his record.
OPINION OF
THE BOARD
Claimant Paul Cimakasky, employed by Carrier as a Repairman
at Bethlehem, Pennsylvania, was charged with unauthorized use of a
Company vehicle. This use resulted in severe damage to the truck.
A hearing was held January
25, 1983,
at which time Claimant was
found guilty and dismissed from service. The transcript of that
hearing has been made a part of the record of this case.
Awlq
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Case
No. 23
PLB-3542 -2- Awd. #20
Case #23
This Board has carefully reviewed that transcript and concludes
that the evidence clearly supports a finding of guilty. Carrier need
not tolerate unauthorized use of its machinery. Such behavior places
Carrier at considerable risk and can result in extensive liability.
Misuse in this instance was compounded by Claimant's denial of in
volvement and his state of intoxication at the time of the accident.
This Board must conclude that Claimant was guilty as charged and that
the discipline imposed was appropriate.
AWARD
The claim is denied.
Dennis, Neutral Member
J Dodd, Empl ye Member R. 0 Nej Cdrrier Member
Date of Adoption