PUBLIC LAW BOARD No. 4381: Case No. 44
BROTHERHOOD
OF
MAINTENANCE OF WAY EMPLOYEES
V.
BURLINGTON NORTHERN RAILROAD
STATEMENT
OF
CLAIM
1. The dismissal of Section Foreman P. L. Woodward for alleged violation of
Rules 530, 530A, 530B, 535, 550 and 560 was arbitrary, without just and
sufficient cause, on the basis of unproven charges and in violation of the
Agreement ( System File P-P-661/AMWB 87-06-30A).
2. The Claimant shall be reinstated with seniority and all other benefits
unimpaired, his record cleared of the charges leveled against him and he shall
be compensated for all wage loss suffered. , .
FINDINGS
The Claimant, Mr. Patrick L. Woodward, Section Foreman, was charged with
the theft of Carrier property and misuse of company credit related to purchases of petroleum products. Following a lengthy investigative hearing, Mr.
Woodward was dismissed from service with the Carrier on February 10, 1987.
The Carrier has attempted to prove guilt by comparative analysis of
petroleum product usage among sections, and by tracing petroleum products from
purchase to consumption. The Carrier attempted to retroactively construct
patterns of consumption and user access. The voluminous record of this case
reveals inadequate inventory control, lax security, and substantial quantities
of missing and unaccounted for petroleum products. These deficiencies
indicate serious inadequacies in Mr. Woodward's supervision, however, he has
been charged with theft, not inadequate performance of his duties.
The record of this case is void of any evidence to establish that Mr.
Woodward stole gasoline, diesel fuel or yther Carrier property. There is no
evidence that Mr. Woodward had company property in his possession, that anyone
saw him take or use Carrier property for his personal use, or that only Mr.
Woodward had access to the supplies of petroleum products. To the contrary,
lax security meant that any number of persons could have taken or used Carrier
property for their personal use.
PUBLIC LAW BOARD No. 4381: Case No. 44
This Board cannot find quilt based solely on coniecture, speculation and
unsubstantiated allegations. The carrier has not proven that Mr. Woodward
misappropriated or took Carrier property for his personal use.
AWARD
The claim is sustained. Mr Patrick L. Woodward shall be reinstated to
service with seniority unimpaired, his record cleared of the charges against
him, and he shall be compensated for wage loss (less any outside earnings).
Ronald L. Miller
Chairman and Neutral Member
Bruce GY'Glover Maxine M. Timberman
rganization Member Carrier Member
Date