Parties
to the
Dispute
LAW BOARD NO. 3765
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYEES
VS.
GRAND TRUNK WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM
The dismissal of Trackman, R. L. Bowen, for
the theft of three paychecks of other employees, was arbitrary, capricious and exceedingly harsh.
Claimant Bowen shall be reinstated to service with seniority and benefits unimpaired,
his record cleared of the charges leveled
against him and be compensated for all
losses incurred.
OPINION OF THE BOARD
At the time of the incident that gave rise to his
termination from service, Russel Bowen, the Claimant, was a
furloughed Trackman. Claimant was accused by carrier of
3'7~s r3
stealing three employe's paychecks on three separate occasions from the Bristol Yard Administration Building. He
eventually admitted that he stole and cashed the three
checks. In defense of his actions, Claimant alleged that he
had been drinking on the three occasions when he stole the
checks and that he had an ongoing problem with alcohol.
Carrier charged Claimant with theft. A hearing into the
matter was held. Claimant admitted to the charges against
him. Carrier ultimately dismissed him from service.
This Board has no recourse but to support Carrier in
this instance. Stealing from the Company or from fellow
employes is a dismissable offense, regardless of length of
service, past record, or, as Claimant contends, problems
with alcohol or drugs. It is behavior that cannot be toler-
ated.
AWARD
Claim denied.
R.E. Dennis. Neutral Member
JLXjR DeRoche, . on,
Carrier Member Empa Member _
Date of Adoption