BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

ILLINOIS CENTRAL RAILROAD

PUBLIC LAW HOARD No. 4331: CASE No. 11






                              HOARD


On April 16, 1987, the Claimant, Mr. Sidney Le Bouef, was dismissed from employment with the Carrier for allegedly using a Carrier credit card for his personal use.

Although Mr. Le Bouef argues that he never purchased gasoline for his personal use with a Carrier credit card, three (3) non-anployee witnesses testified that on several. occasions, over a period of months, Mr. Le Bouef used a Carrier credit card for his personal use. Upon consideration of the entire record of this case, the a ssigrmient of controlling credibility to the testimony of the three (3) non-employee witnesses is right aril proper. Moreover, no reason has been established why these witnesses would accuse Mr. Le Bouef without justification.

There is no basis in the record to grant leniency in the application of discipline. Mr. Le Bouef was provided a fair and impartial hearing.

                        AWARD


        Claim denied.


                Ronald L. Miller

                Chairman and Neutral Member


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J.SA ihbins D artholomay
carrier member Organization Member

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