Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
GRAND TRUNK WESTERN RAILROAD COMPANY
VS.
BROTHERHOOD
OF
MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAM
R. J. Laurin's dismissal - request he be reinstated to
service and paid for all lost time since June 6, 1985.
OPINION
OF
THE BOARD
Case No. 14
Award No. 1$
Claimant R. J. Laurin was hired as a Trackman on September 9, 1977.
On July 2, 1985, he was dismissed from service for attempted theft
of company property. Claimant admitted placing railroad ties in
his truck. A question arose as to
whether Claimant
had permission
to remove the ties from company property and whether the ties in
question were new or old.
The record reveals that Claimant did ask for and receive permission from Carrier's supervisor to remove old used ties from the property.
It also reveals that there was some question about the usefulness of
r
"21
-2-7 Iq
-2-
the ties he took. They had apparently been in the ditch along the
track for three years and some were split. While this Board is
persuaded that Claimant was aware that he was taking ties that he
should not have, we are also convinced that he would have asked the
Foreman to inspect the ties on his truck before he left the property
with them.
The Board 'does not condone the stealing of Carrier property in
any form, but, on occasion, penalties less than dismissal can serve
to make Carrier`s point on this issue. Claimant is an eight-year
employe who has an otherwise clean record. The Board believes that
the time held out of service is sufficient punishment to impress
upon Claimant and his fellow workers that behavior as exhibited by
Claimant will result in serious discipline.
AWARD
Claimant shall be returned to work on
a last-chance basis with seniority but
without pay for lost time or benefits.
R. . Dennis, Neutral Member
. 0 n, Carrier Member W. E. LaRue, Employe Member
Date of Adoption