PUBLIC LA BOARD, NO. 6461

Case No. 3 Award No. 3

PARTIES Brotherhood of Maintenance of Way Employes

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ISPVTE: Grand Trunk Western Railway STATEMENT OF CLAIM:

Appeal of the discipline of dismissal imposed on Mark Head effective, August 9, 2001. FINDINGS: On July 24, 2001, a notice was sent to the claimant charging him with the following offense:

"alleged theft of company property at approximately 1430 hours on Thursday, .July 19, 2001, in that Fuel Truck Driver Mark Head was observed pumping gasoline from the GTW Fuel Truck into the gasoline tank of Foreman Jose Martinez Personal vehicle at Lansing, Michigan."

At claimant's July 30, 2001 hearing, Engineer Work Equipment T. L. Powers testified that on the date in question, while driving through Lansing Yard, he noticed a company fuel truck parked and operating among a group of private vehicles and observed the claimant fueling a black pick-up truck. He said he stopped and got out of his vehicle and approached the claimant and asked him why he was fueling a private vehicle. He said the claimant told him that he put 2 gallons of gas into the vehicle that belonged to Mr. Jose Martinez. He also stated that Mr. Martinez had asked him to do so. The record shows the claimant took no exception to Mr. Power's testimony and freely admitted his responsibility in this matter.
Clearly, the Carrier has every right to expect honest employees and has no obligation to retain those who, by their own admission, are not Therefore, in consideration of the seriousness of the proven offense, we have no proper basis to disturb the Carrier's decision in this case.
PLB No. 6461 C-3/A-3
Page 2

AWARD: The claim is denied.

Fx Dome s
N 1 MMem
Manlyn J. Ko cs Perry K. Geller, Sr.
Carrier Member Organization Member

Dated:/ 'I7-OA