PUBLIC LAW BOARD NO. 3765

Parties
 to the VS. Case
 Dispute : No. 34
 GRAND TRUNK WESTERN RAILROAD COMPANY
 STATEMENT OF CLAIM




R.J. Cousins, the Claimant, was employed by Carrier as Foreman at Port Huron, Michigan. By letter dated December 16, 1987, he was notified that he was being held out of service pending an investigation into his alleged involvement with the removal of Company property from Lapeer, Michigan, on December 6, 1987. He was also charged


as follows:
                            2 - 3 &5 - -?-.s


      You are hereby notified to attend a formal investigation to be held in the Conference Room of the Grand Trunk Western Railroad Administration' Building, Flint, Michigan, at 1000 hours on Monday, December 21, 1987, to determine your responsibility, if any, for:


          1) Providing Mr. John Ribner with unauthorized

              authority to remove scrap railroad material

              at Imlay City, Michigan.


          2) Providing Mr. John Ribner with unauthorized

              authority to remove scrap railroad material

              Flint and Port Huron, Michigan.


          3) Providing Mr. John Ribner with unauthorized

              authority to remove scrap railroad material

              at Lapeer and Imlay City resulting in the

              removal of Grand Trunk steel by Mr. Ribner

              at Lapeer on December 6, 1987.


          4) Unauthorized sale of railroad ties to Mr.

              John Ribner.


          5) Personally receiving payment from Mr. John

              Ribner for sale of Grand Trunk track ties.


      These are in violation of Grand Trunk General Rules 10 and 11 (e) which state:


          Rule 10 Employees are expected to protect

          the Company's property and the

          property of its customers. If an

          employee knows that such property

          is endangered in any way, he must

          take reasonable steps to protect

          and to notify superiors of the

          danger.

          Rule 11 (e) The unauthorized possession of,

          removal or disposal of, any

          material from Company property or

          property served by the Company is

          prohibited.


      The hearing was held as scheduled on December 21, 1987. As


a result of that hearing, Claimant was found guilty as charged

 and dismissed from service.
                                              37 ~s'3 ~P


He was notified by letter, dated January 12, 1988, that his dismissal was for the following reasons. That letter reads in pertinent part:


          1) Providing Mr. John Ribner with unauthorized authority to remove scrap railroad material at Imlay City, Michigan;


          2) Providing Mr. John Ribner with unauthorized authority to remove scrap railroad material at Flint and Port Huron, Michigan:


          3) Unauthorized sale of railroad ties to Mr. John Ribner;


          4) Personally receiving payment from Mr. John Ribner for sale of Grand Trunk track ties.


This Board has reviewed the records and the arguments presented by both sides. We are persuaded that Claimant was clearly guilty of charges 1 and 2, and that it was shown that he did receive money from Mr. John R~bner, which was retained for his personal use. While there may have been some ambiguity about Claimant's right to authorize removal of the ties, there should have been no question that his conversion of funds received for'Carrier property constituted theft.

However, in view of the particular facts in this case, this Board will reinstate Claimant on a last chance basis. The time he has been out of service shall remain on his record as a disciplinary suspension, and he is placed on

notice that such action as was involved in this case cannot and will not be tolerated by his employer.

_ 3?(0~- 3~

                        FINDING


The Claimant is to be returned to service with seniority and vacation rights, but without pay for time lost.

                  6,( OJ^AAt~


                R.E. Dennis, Neutral Member


Jo. A. DeRoche, Carrier Member W.E. LaRue, Employe Member

 Date of Adoption