Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
CONSOLIDATED RAIL SYSTEM FEDERATION BROTHERHOOD OF
MAINTENANCE OF WAY EMPLOYES
VS.
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Trackman Cassanova Cathron was without just and sufficient cause and was arbitrary and
capricious.
(b) Claimant Cathron shall be restored to service without
loss of compensation, seniority, vacation rights and
all benefits and privileges he enjoyed prior to his
dismissal.
OPINION
OF THE BOARD
Award
No. 3
Case No. 7
Claimant Cassanova Cathron was, at the time of the incident that
is the subject of this case, a Trackman with three years of service,
employed by Carrier at Flint, Michigan. On November 19, 1981, Claimant was notified to report for an investigation into an alleged violation of misuse of Company gasoline. The investigatory hearing
was held on November 24, 1981. As a result of that hearing, Claimant
3~Gs- 3
was found guilty as charged and was dismissed from Carrier's service.
A transcript of that hearing is a part of the record before this
Board for review.
That review by this Board reveals that Claimant was guilty as
charged and that dismissal is appropriate in this instance. It is
clear from the record that Claimant asked for the key to the gas
pump at the rip track, stating that he was going to fill a gas can.
When he obtained the key, he filled up the private vehicle he was
driving. When this offense is considered on its own, it is deserving
of severe discipline. When considered in light of Claimant's two
previous elements of discipline of 15 demerits for violation of safety
rules and 10 demerits for failure to protect his assignment on four
occasions, it is more than justified. Given the total record of the
case, and the principles that bind an appellate body such as this Board,
we can find no basis on which to overturn or modify the Carrier's action
in this instance.
AWARD
The claim is denied.
R. Ev. Dennis, Neutral Member
W. E. Larue, Employe Member R. en, Carrier Member
Date o option