PUBLIC LAW BOARD N0. 3542
· BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Parties - - _
to the Case No. 34
Dispute
VS. .
- CONSOLIDATED RAIL CORPORATION .~.Co/~
.3 f
STATEMENT OF CLAIM
1. That the discipline imposed upon M. J. Napolitan
on July 5, 1984 was arbitrary, excessive and unsupported
by the evidence adduced at trial.
2. That M. J. Napolitan be immediately restored to
service with all seniority rights unimpaired and compensated for all earnings lost as a result of this
discipline.
OPINION OF THE BOARD
Claimant H. J. Napolitan was a Trackman in Ashtabula, Ohio.
On June 15, 1984, he was charged with attempted theft of gasoline.
A hearing, into the matter was held on June 25, 1984. As a result
of that hearing, Claimant was found guilty as charged and dismissed
from Carrier's service.
PLB-3542 -2- Award No. 31
This Board has reviewed the complete record of the case and
must conclude that the record supports Carrier's actions.
AWARD
The claim is denied.
R. E. Dennis, Neutral Member
Dodd,
Employe Member &. 0~1, Carrier M ber
p3o
Date of Adoption