Parties
to the
Dispute
_f 1ICEPRES'IDE4T
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PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
That the Carrier violated the provisions
of the current Agreement when it dismissed End Loader operator J.E. Madrigal.
Said action being excessive, unduly harsh
and in abuse of discretion.
That the Carrier now reinstate Claimant
to his former Carrier position with seniority and all other rights restored unimpaired, with pay for all loss suffered and
his record shall be cleared of all charges.
FINDINGS
PLB Case No. 31
NMB Case No. 31
Following an investigation conducted on September 15, 1994,
into Claimant's alleged misuse of a Company gas credit card, he
was terminated from service. Mr. Madrigal, who was assigned as
an end loader operator, had a seniority date of January 8, 1974.
He acknowledged that he had used the card to fuel a truck
4
2
53910- 3l
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borrowed from a friend. Carrier points out that Claimant violated rules 1.6 and 1.25, which prohibit dishonesty and misuse of .
company credit cards. The Organization argues that termination
was unduly harsh and that other similarly situated employes have
received lesser levels of discipline.
This Board in no way condones what Claimant did. While
theft of this nature is clearly a dismissable offense, the
special facts of this case dictate a result other than permanent
separation from service. Claimant is consequently returned to
employment on a last-chance basis with no backpay. He should
recognize the gravity of his offense and be aware that a significant infraction of any Carrier rule in the future will most
certainly cause a final loss of his job.
AWARD
Claim sustained in part and denied
in part. Claimant is returned to
service on a last-chance basis with
seniority and all other rights intact, but with no backpay.
C'.lJ.
C.H./Go~d,
Neutrairman
C. . Foo e, D.A. Ring
Employe Member Carrier Me er
Date of Approval