BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
ILLINOIS CENTRAL RAILROAD
PUBLIC LAW HOARD No. 4331: CASE No. 11
STATENg:NT OF THE CT
ATNf
S.J. Le Bouef was improperly dismissed.
OPINION OF THE
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
y
J.SA
ihbins
D
artholomay
carrier member Organization Member
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Date