PUBLIC LAW BOARD NO. 3558
PARTIES ) BROTHERHOOD
OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) SOUTHERN
PACIFIC TRANSPORTATION COMPANY
EASTERN LINES
AWARD
STATEMENT OF CLAIM:
" 1. Carrier violated the effective Agreement when Laborer
Driver T. J. Celestine was unjustly dismissed from service.
2. Claimant Celestine shall now be reinstated to his former
position with all seniority, vacation rights, and any other rights accruing to
him unimpaired in addition to all pay lost commencing December 8, 1986,
and to run concurrently until he is restored to service." (MW 87-22)
OPINION OF BOARD:
As a result of charges dated December 8, 1986, hearing eventually held on January
6, 1987 and letter dated January 8, 1987, Claimant, a Laborer-Driver employed by the
Carrier for approximately eight and one half years, was dismissed from service for
dishonesty in violation of Rule 607 for improper use of a Carrier credit card.
Review of a printout of Gelco gasolines purchases made during the period between
January 1, 1986 and November 29, 1986 showed $10,383.59 worth of charges on a Gelco
card assigned to Truck L-56 and 2006 RD. Review of the hard copies of the charge tickets
revealed Claimant's signature.
Although Claimant denied knowledge of the purchases, statements taken from
employees at the involved service stations identified Claimant as the person making the
various charges at their respective stations for vehicles not belonging to the Carrier. The
purchases included beer and cigarettes. Further, those statements identified Claimant's
picture as the individual making the purchases.
PLB 3558, Award No. 59
T. J. Celestine
Page 2
This case raises similar issues to those discussed in PLB 3558, Award No. 60.
For the same reasons expressed in that award, we do not believe Claimant was deprived of
a fair hearing through the Carrier's use of statements from the employees of various service
stations. As in Award No. 60, all of the evidence against Claimant did not come from
those statements. Independent corroborative evidence exists in-this record, specifically,
Claimant's access to and use of the Gelco credit card; the printouts; the availability of the
hard copies of the receipts with Claimant's signature and Claimant's ownership of the type
of personal vehicles that he was driving when some of the purchases were made (a black
Chevrolet pickup truck and a Lincoln Continental). Based on the above, we are satisfied
that substantial evidence in the record supports the Carrier's determination that Claimant
was dishonest within the meaning of Rule 607. Under the circumstances, dismissal was
neither arbitrary or capricious.
AWARD:
Claim denied.
Edwin Berm, ltan~
and Neutral Member
ne . A. ons, r.
.~mber Organization Member
Houston, Texas
June 30, 1988