Parties
to the
Dispute
PUBLIC LAN BOARD NO. 3765
GRAND TRUNK WESTERN
RAILROAD COMPANY
VS.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM
T. J. Ferro Dismissal - request that leniency be granted
and that he be returned to service with no loss of seniority.
OPINION OF THE BOARD
Claimant T. J. Ferro was hired by Carrier in May 1973. On October 21. 1985, he was dismissed from Carrier's service for theft of
company property (diesel fuel). At the time of the incident that
led to his dismissal, Claimant was assigned as a Track Foreman at
Royal Oak, Michigan.
A review of the record reveals that Claimant admitted at the
hearing that he directed an employe under his supervision to put
Carrier's fuel in his car so that he could get to a gas station to
fill his tank. It also reveals that Claimant was aware that this
Case No. 15
Award No. 15
`:
C-4
375
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_2_
was a violation of the rules and a serious offense.
This Board has concluded from the record that while Claimant
should be severely punished for directing that Carrier fuel be put
in his truck, the incident does not warrant permanent removal from
service. This Board thinks that Carrier can make its point in this
instance with a long suspension. I therefore direct that Claimant
be returned to service on a last-chance basis with seniority but
without pay for lost time or benefits. Claimant should be on notice
that his continued employment with Carrier depends on his ability
to report to work on time on a regular basis and to observe all
Company Rules and Regulations.
' AWARD
The claim is sustained per Opinion of
the Board.
R.1 Dennis, Neutral Member
C
Vik,
9.
R. ien, Carrier Member W. E. LaRue, Employe Member