PUBLIC LAW BOARD NO. 5850
Award No.
Case No. 340
(Brotherhood of Malntensnce of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when Claimant K. P. Green*, II
was dismissed on December 1, 2006 for allagied violation of
Maintenance of Way Operates Rules 1.1-Satety; 1.1.3-Accidents,
injuries, and Detects; 1.4-Carrying Out Rules and Reporting
Violations; 1.6-Conduct; 1.10-Can of Property; and 1.25-Credit or
Property for' theft of copper wire on December 7, 2006 which resulted
in a service interruption, and subsequent sale of the stolen property;
and
Z. As a consequence of the violation referred to in put 1 the Carrier
shall immediately return the Clahnant to service with seniority,
vacation and all other rights unimpaired, remove any mention of this
incident from Claimant personal records and make Claimant whole
for all then Wet commencing December 14, 2006.
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
amend. Further, the Board is duly constituted by Agreement, has jurisdiction of the
Parties and
of
the subject matter, and the Parts to this dispute were given due notice of
the hearing thereon.
Item 1 of the Statement of Claim reads:
"...theft of copper wire on December 7, 3006 which resulted In a service
interruption, and subsequent sale of the stolen property ...."
it has been stated numerous times that In discipline cases the
burden of proof rests
squarely
on the
shoulders
of the Caller,
Page 2
PLB NO. 5850
Award No.
Case No. 340
Note the tollowing excerpted from the Investigation transcript:
oilntarrogating OMfcer - Mr. Greene did you steal copper wire from the
BASF on 121712006...
Greene - I took it" .
There is no better evidence then the admission o! the theft of copper wire which
he sold to a scrap dealer.
It is not necessary to go any further to explore the improper unauthorbced use of
the backhoe to bar
the win down, nor the tact that he claimed ten hours' pay wren he
left the property at 9:30 AAA. Theft of company property Is suffclent evidence of a
serious broach of Carrier's Rules.
When the Carrier discovered the missing wires and conducted an investigation.
the found Claimant was the culprit. Claimant readily admitted his complicity. He was
rightfully dismissed from Carrier's services.
AWARD
Claim denied.
QROER
This Board, after consideration of the dispute Ideotifled above, hereby orders that
an award favorable to the Ciaknant(s) not be made.
Robert L Hick:, nnan & Neutral Member
Darned
D.
Tanner, for the Empl
oared: ,3 ~ `7
C9
Samantha Rogsrs, For Carrier