AWARD No. 28
NMB CASE No. 28
UNION CASE No. D21710606
COMPANY CASE No. 12 (06-0967)
As temporary replacement for Assistant Foreman E. Elgin for that assignment, the Claimant
was provided use of leased Company truck (Unit A13039) and the CSX Pro-card gasoline credit
card associated with that vehicle to travel from his headquarters at Guthrie to Casky (approximately
40 highway miles round trip). In a routine review of credit card statements on July 24, 2006,
Assistant Foreman Elgin ascertained that $55.00 worth of gasoline had been purchased on
July 13, 2006 using that CSX Pro-card. However, truck A13039, the Company vehicle to
which that particular gas credit card was assigned, had not been used or moved from its
parking spot at Guthrie on the day it was assigned to Claimant Bess. After Assistant
Foreman Elgin informed Roadmaster Wheeler of that anomaly, the Roadmaster summoned
all employees under his jurisdiction to a meeting on July 25, 2006, and announced that someone apparently had misused the Company credit card assigned to one of the vehicles at Guthrie.
he used the company credit card assigned to Company truck A13039 to purchase $55.00 worth of gasoline on July 13, 2006. Claimant reported that he had commuted that day from Guthrie to Casky and return to perform the flagging duties as temporary Assistant Foreman, but elected to use his own
personal vehicle-- asserting that he declined the use of Company truck AI3039 because it had a faulty radio. Based on that preliminary investigation, the Carrier served Claimant Bess with Notice
of Investigation into charges alleging that he had engaged in conduct unbecoming an employee of CSX Transportation, committed a theft, made unauthorized use of a Company credit card, as well as possibly violated CSX Operating Rule GR-2 and the CSX Procurement Card Policy.
UNION CASE No. D21710606 COMPANY CASE No. 12 (06-0967) Following due notice and agreed postponements, a formal investigation was held on August 22, 2006, at which the foregoing facts were developed. The Carrier rejected the Claimant's testimony that he was innocent of any wrongdoing and, based on the investigation record, terminated the employment of Mr. Bess with the following Notice, dated September 5, 2006:
Greg Mellish Division Engineer in perfecting the appeal, the Organization asserted at the outset a violation of due process because "[tjhe carrier did not provide us our request for management records for the purpose of researching issues related to this investigation in order for us to not only prepare, but also provide Mr. Bess with a fair and impartial hearing. A written response was never received as our letter
UNION CASE No. D21710606 COMPANY CASE No. 12 (06-0967) requested. The proper objection was made on the record, but the hearing officer continued to proceed with the hearing over our objection. "
On that threshold issue of due process and "pre-investigation discovery", for reasons previously discussed in our Awards 15 and 16, we find no violation of Rule 24 (i). We have carefully considered each of the arguments of the Organization but we must conclude that there is no fatal due process violation shown on this record. Moreover, our review of the record persuades us that the Carrier met its burden of proving Claimant culpable on the charges of unauthorized use of a Company credit card, violation of CSX Operating Rule GR-2 and violation of the CSX Procurement Card Policy. As an experienced employee, Claimant knew or should have known that it was impermissible and forbidden to use the gas credit card associated with a designated Company vehicle to purchase gas for his own vehicle; even if he was driving his own vehicle on Company business.
It cannot be gainsaid that the Claimant committed a very serious act of misconduct and exhibited grossly poor judgement on July 13, 2006; which cannot be condoned by this Board and for which the Carrier had ample cause to impose a severe disciplinary penalty. The Board also notes that Claimant is a 26-year employee who holds seniority as a Trackman Foreman, Track Inspector, Welder, Machine Operator and Vehicle Operator. The record shows a lengthy and satisfactory employment history and a relatively clear discipline record prior to this incident. Based on the unique facts and circumstances of this case and without prejudice or precedent value in any future case, the discharge penalty is modified by this Board to a suspension without pay for time served.