PUBLIC LAW BOARD N0. 3765
Parties
to the
Dispute
CONSOLIDATED RAIL SYSTEM FEDERATION
BROTHERHOOD OF MAINTENANCE OF .WAY EMPLOYES
Vs.
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Trackman Emil C. Grohman was
arbitrary and capricious and based upon unsubstantiated charges.
(b) Claimant Grohman shall be reinstated into
Carrier's service, with seniority rights
restored, and shall be compensated for all
lost wages.
OPINION OF THE BOARD
At the time of the incident that gave rise to this case, Claimant,
E. Grohman, was a Trackman employed by Carrier at Pontiac, Michigan.
On August 6, 1982, he was notified to report for an investigation
into the following charges:
..to determine your responsibility, if any, for
alleged unauthorized removal of new railroad ties
from Company property on July 14, 1982, at approximately 1530 hours ....
Case No. 9
Award No. 10
3-765
- 10
-2-
A hearing into the matter was held on August 10, 1982. As a
result of that hearing, Claimant was found guilty as charged and
dismissed from Carrier's service. A record of that hearing has been
made a part of the record of this case. A review of that record
reveals that Claimant was guilty as charged and that severe discipline is appropriate. This Hoard, however, does not think that
permanent dismissal from Carrier's employ is appropriate. While
Claimant admitted that he took ties from railroad property, he contends
they were unusable new ties that Carrier would dispose of and not
.use them under the tracks.
He
had a permit to pick up ties and he
thought that the ties that could not be used under the rails were
scrap.
While this Hoard is persuaded that Claimant knew that he should
not have taken some of the ties, we are not persuaded, based on the
total record, that permanent dismissal of Claimant serves any purpose. We think Carrier has made its point in this instance and that
Claimant's return to work would be beneficial to both parties.
Claimant should be on notice that he is expected to return to
work and become an exemplary employe. He should also be aware that
r
37 66-
-ID
' any further incidents of a like manner will result in his permanent
removal from service.
AWARD
Claimant shall be returned to service
with seniority but without pay for
lost time or benefits.
R. E. 'Dennis, Neutral Member
W. E. LaRue, Employe Member .~d: 0'Br n, Carrier Member
Date of Adoption