PUBLIC LAW BOARD NO. $350
Award No. 200
Case No. 200
(Brothertrood
of
Maintenance of Way Empbyss
PARTIES TO DISPUTE
:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM
:
1. The Carrier violated the Agreement on April 18, 2001, when I!
dismissed the Claimant, Mr. 0. R. Lela, for alleged misuse of the
company credit card in violation of IIalnbanance of Way Operating
Rub 1.8 Conduct, and 1.25 Credit or Property.
2. As a consequence
of
the violation rsferrad to in
part
(1), the Carrier
shall return the Claimant to service with seniority and rights
unimpaired, remove any mention of the Incident fiom his personal
record, and make him whole for all wages lost account of this
Inridsrrt
FINDINdS
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employee within the meaning of the Railway Labor Act, as
amended. Further, the Board Is duly constituted by Agreement, has Jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute wen given due notice of
the hearing thereon.
Them exists no controversy in this case. Claimant readily admitted he used the
company credit card to buy pas for his own vehicle. Me related how he drove the
company truck to the service station, parked It to the side, waded to his home about'/.
mile
away, drove his vehicle to the gas station, then placed the company truck on one
skis of the pump, his vehicle on the other aids and pumped away, charging all to the
Page 2
PL
~ No
585
Award No. 2-o
Case ft 200
Carrier.
Theft Is thaft. Clear records, longevity, and outstanding service do not mitigate
against discipline assessed in theft cases. The discipline of dismissal was not unduly
harsh nor contrary to any Schedule
Rule
andlor Agreement.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimarrys) not be made.
Robert L. Nicks, Chairman 3 Neutral Member
2-x
~LL
Ric B. Wehrll, Labor Member Thomas M. ROhIInQ, Carrierber
Dated: 5~of~.h h.~ 30~ Zt r y