PUBLIC LAW BOARD N0. 3765
Parties
to the
Dispute
CONSOLIDATED RAIL SYSTEM FEDERATION Award No. 5
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES'
Case No. 10
VS.
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Machine Operator Glenn J. Martinek
and Trackman Ernie Pinks was without just and sufficient cause, without consideration for the seniority
or honesty of these Claimants.
(b) Claimants Martinek and Pinks shall be restored to
service with all benefits and privileges allowed
them prior to their dismissal, including but not
limited to vacation rights and seniority.
OPINION OF THE BOARD
Claimants Martinek and Pinks were employed by Carrier in the
Track Department at Valparaiso, Indiana, Martinek as a Machine Operator
and Pinks as a Trackman. At the time of the incident that is the
subject of this case, Martinek had about 11 years of service and
Pinks 27 years of service. On July 26, 1982, Claimants were charged
as follows:
375- ~
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Mr. Ernie Pinks, Trackman
1) Allegedly violating Rules 11(c), 13 and 14, of the GT
General Rules for Employees Not Otherwise Subject To
The Rules for Conducting Transportation, Effective July
1, 1976 by the unauthorized removal of company material
from the company property and the sale of same to the
A. J. Berrier Company, 551 Factory Street, Valparaiso,
Indiana, on April 30, 1982; and
2) Allegedly participating in the unauthorized use of
company vehicle No. 315-C after working hours on April
30, 1982.
Mr. Glenn J. Martinek, Machine Operator
1) Allegedly violating GT Special Instructions, GI 1.4 of
the Employees' Operating Timetable 3, Supplement 1, by
the unauthorized removal of company material from the
company property and the sale of same to the A. J.
Berrier Company, 551 Factory Street, Valparaiso, Indiana,
on April 30, May 3, 5 and July 6-9, 1982; and
2) Alleged unauthorized use of company vehicle No. 315-0
after working hours on April 30, May 3, 5 and July 6-9,
1982.
A hearing into the matter was held on July 28, 1982. As a result
of that hearing, both Claimants were found guilty as charged and
dismissed from Carrier's service. This Board has carefully reviewed
the transcript of the hearing as well as all other documents made
a part of the record. It is this Board's conclusion, based on that
review, that in the case of Claimant Pinks, Carrier has acted in
an arbitrary manner in treating him the same way as Claimant Martinek.
The record reveals that Claimant Martinek sold company material
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to the local scrap dealer on a number of occasions. It also shows
that Claimant Pinks was involved only one time and, in this instance,
was not the main operative, but was only "along for the ride." In
light of Claimant Pinks' secondary role in the incident, his long
years of service (27 years), and his otherwise clean record, it is
this Board's opinion that Carrier can make its point with Pinks by
a long suspension. The Board is in full agreement that Martinek's
removal was appropriate.
AWARD
The claim on behalf of Martinek is denied.
Claimant Pinks shall be returned to duty
with seniority intact but without pay for
lost time or benefits. Carrier shall implement this award within 30 days of its
adoption by the Board.
R. E. Dennis, Neutral Member
W. E. Larue, Employe Member
Date of Adoption
13
I
R. . 0'Br n, Carrier Member