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


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.