PUBLIC LAW BOARD
NO.
4402
PARTIES ) BROTHERHOOD
OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) BURLINGTON
NORTHERN RAILROAD COMPANY
STATEMENT OF CLAIM
(1) The dismissal of Section Laborer J. J. Jennings for alleged dishonesty and
theft of Company property was without just and sufficient cause (System
File 10 Gr./DMWA 84-7-3B).
(2) The claimant shall be accorded the relief set forth in Rule 40G.
OPINION OF
BOARD
As a result of charges dated January 6, 1984, investigation held on January 14,
1984 and by letter dated January 27, 1984, Claimant, a section laborer with 30 years of
service, was dismissed from service.
Substantial evidence exists in the record to support allegations against Claimant that
he misused the Carrier's property. However, we are not satisfied that the evidence
substantially demonstrates that Claimant comnutted a theft as charged and as that term is
ordinarily used. In light of Claimant's long years of service with the Carrier, which appear
to be unblemished, and because of the particular unique circumstances presented, we are of
the opinion that dismissal was excessive. Claimant shall therefore be returned to service
with seniority unimpaired but without compensation for time lost.
AWARD
Claim sustained in accord with Opinion, Claimant shall be returned to service with
seniority unimpaired but without compensation for time lost.
0?-
Edwm H. Berm
Neutral Member
E. J. Kallinen, ~~'S S~o~
Carrier Member - , Organization Member
Denver, Colorado
December 7, 1988