PUBLIC LAW 30AFD N0. 354?
' BROTHERHOOD OF KI\TNTENANCE OF WAY EMPLOYES '
Parties
to the Case No. 13
Dispute
VS. ~
' CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM
1. That W. D. Ashton, employed by the railroad for eight
and one half years prior to the instant incident, be restored to service with his seniority standing unimpaired
and consideration for his wage loss suffered as a result
of his dismissal from September 15, 1982.
2. That W. D. Ashton's record be cleared of all charges
brought against him.
OPINION OF THE BOARD
At the time of the incident that resulted in his dismissal
from service, Claimant W. D. Ashton was employed as a Machine Repairman at Canton, Ohio. On September 17, 1982, he vas charged
with theft of Company property (a battery charger) and directed
to attend a hearing into the matter. A hearing was held and as
PLB-3542 Award No. 22
a result of that hearing_ Claimant was found guilty as charged
and dismissed from Company service.
This Board has reviewed the record and can find no basis on
which to return Claimant to work. He was guilty of stealing: he
admitted it in the hearing. Leniency can be granted by Carrier,
but not by this Board.
AWARD
The claim is denied.
R. . Dennis, Neutral Member
r~
J. d, Employe Member R. eil', Carrier hember
Date of Adoption