Award No.
4
Docket No. 4
PUBLIC LAW BOARD No.
3666
PARTIES Brotherhood of Maintenance of Way Employes
79-
DILUTE:
and
Indiana Harbor Belt Railroad Company
STATEMENT.
FINDINGS:
Claim of V. M. Losano for reinstatement with full
seniority and with compensation for all time lost.
By reason of the Agreement entered into by and
between the parties on June 13, 1984, and upon
all of the evidence in the record, the Board finds that the
parties hereto are respectively the employe and the carrier
as defined in the Railway Labor Act, as amended, and that
it has ,jurisdiction in this proceeding.
In a letter dated March 3, 1082, Claimant and a
fellow employe, J. M. Moreno, were notified that an
investigation will be held to determine their responsibility,
if any, for siphons gasoline from a Carrier owned vehicle
into two (2) five (~ gallon gas cans and then pouring that
gasoline into the gas tank of Losano's automobile. This
incident occurred on March 1,
1982.
An investigation was held
on March
g, 1982.
Claimant and Moreno were thereafter
dismissed from service. Moreno was reinstated to service on
August
16, 1984, '
For reasons that do not appear in the record,
Moreno was reinstated, presumably without compensation for
lost time since Employes withdraw his claim. It is a well
established principle that an employer must apply the same
considerations to a?.1- employes involved in the same incident
that ,tus;.ifies discipline. -
Award No.
Docket No. 4
_ 2_
This Claimant is.entitled to the same consideration for reinstatement as that given to Moreno. For this reason, the Board finds
that the Claimant V. M. Lasono shall be reinstated as an employe
of the Carrier with full seniority preserved and unimpaired,
but with no compensation whatsoever for lost earnings from the
data he was held out of service or the date of his dismissal-,
whichever is earlier, to the date of his reinstatement.
AWARD
Claim sustained in accordance with the findings.
DAVE C , u. a r-man ~eMember
y~
3.
IV.
AT"iY~Larrier iem~er 'fut c_ .1
, h,:rp
oye . em5er
U
DATED:' ~-· / $ ~.~