BEFORE PUBLIC LAW BOARD N0. 4633
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
INDIANA HARBOR BELT RAILROAD COMPANY
Case No. 10
Dispute: Claim of the Brotherhood:
That the dismissal of B & B Carpenter Mark Hajduk on October
2, 1987, as a result of the investigation of September 30,
1987, be stricken from his record and that he be reinstated
to service and compensated for all time lost.
Findings:
Claimant was employed as a Bridge and Building Carpenter by
Carrier. On September 18, 1987, Claimant was instructed to attend a
hearing:
to determine the facts and your responsibility, if any, in
connection with your being observed by IHB Police officers at
approximately 6:10 a.m. on Tuesday, September 15, 1987,
dispensing gasoline from the Company gasoline pump into your
personal vehicle, a 1978 Toyota pickup truck, license #333874,
at Norpaul Yard in Franklin Park, Illinois.
The investigation was held on September 30, 1987, and as a result,
Claimant was dismissed from service. The organization thereafter
filed a claim on Claimant's behalf, challenging his dismissal.
This Board has reviewed the evidence and testimony in this case
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of theft when he pumped at
least ten gallons of Company gasoline into his personal pickup truck
without authority. It is clear that he had no permission to do that
and therefore was guilty of violating the Carrier Rules D and L
dealing with theft.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
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attention to the type of discipline imposed. This Board will not set
aside a carrier's imposition of discipline unless we find its action
to have been unreasonable, arbitrary or capricious.
There is no question that theft within the railroad industry is a
very serious problem and a major offense. Employees in the railroad
industry are often terminated for theft, even on the first offense.
This Board cannot see any reason to amend the discipline issued to
the Claimant. Therefore, the claim must be denied.
AWARD
Claim denied.
Neutral
M
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Carr er er-4emb Organization Member
v
Date:
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