Brotherh oo d of Maintenance of Way E mployes )
Divi sion - JBT Rail Conference )
)
And )
)
Norfolk So uthe rn Railway Company )
C ase No. 261 Award No. 261
_(1.-or _mer _Sout_hern_Rai_lway_Com_pan_y)
_ _ _ ))
Richard K. Hanft, Chairman an<l N e utral Member
D. M. Pascarella, E mployee Member
D. L. Kerby, Carrier Member
ST /\T EMl •'.NT OF CLAIM:
" Claim of the Syste m Committee of the Brotherhood that:
The Carrier's discipline (dismissal) of Mr. T. Blash, issued by letter dated October 13, 2014, in connection with is alleged conduct unbecoming an employein that on September 11, 2014, super vision discovered that he entered an 1\ lforcl P ica of G uilty to the felony charge of 'Theft by Taking' in the Superior Court of H enry Co unty, State of Georgia on Au&u,.st 11 , 2014 was arbitrary, capricious, unjust, unwarranted , unreaso nable, harsh or excessive (Syste m File Blash-T-09-14/ MW ATL A-14 -30-LM-566 SO U).
The Carrier' s discipline (dismissal) of Mr. T. Blash, issued by letter dated J uly 31 , 2014 , in con nection with allega tions that: on May 15, 2014, it was discovere d that he used an NS Company Credit Card (NS WEX card) to make gasoline purchases for non-company related use between March 27, 2014 and April 20, 2014; on May 15, 2014, it was discovered that on the dates stated directly above, he fraudulently used the employee identification number of another NS employee to make gaso line purchase s on the NS \'{!EX card for non-company relat ed purposes and he falsified odome ter readings for the NS WEX card reporting in con nection with the above charges, was arbitrary, capricious, unjus t, unwarranted, unreasonable, harsh or excessive (System File Blash-T-07-14/ MW-Kf LA-14-18 -LM-306)
As a consequence of tl1e violation referred to in Parts 1 and 2 above, Claimant T. Blash shall be made whole by exonerating him of all charges placed against him, restoring him to service, payin g him for all time lost, with seniority, q ualifications, vacation and all other rights unimpaired."
Special Board of Ad justme nt No. 1049
Award No. 261
r TN D TN GS:
S peci al Board of Ad justment l 049, upon the whole record and all of the evidence, finds and holds that Employee and Carrier arc employee and carrier within the meaning of the Railway Labor Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties to the dispute were given due notice of the hearing thereon and did participate therein.
This Award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any o ther cases.
After thoroughly reviewing and considering the record and the parties' presentations, the Board finds that the claim should be disposed of as follows:
Claimant in this matter had seniority dating to September, 2012. In April, 2014,
one of the corporate fuel cards (NS WE1;.. used to purchase fuel for Norfolk Southern
vehicles was rejected at the fuel pump. The Track Foreman trying to use the card notified his supervisor, who in turn notified the Assistant Division Engineer ("ADE") that there was the possibility of fraudulent activity involving the card. The Norfolk So uth ern Police Department ("NSPD") was notified and began investigating. This all occurred on April 14, 2014.
In the course of NSPD's investigation video surveillance tape showed Claimant and his br ot her, o n April 12, 2014 fueling personal vehicles at a Pilot h1cl Station near Atlan ta, Georgia at the precise time that fraudulent charges were recorded. h1rther evidence showed that tl1e purc hases were made using tl1e E mployee Id en tification Numb er of a co-worker who was assigned seventy (70) miles from the station where the fuel was purchased. Additio nally, false odometer reaclings of company truck s were entered into the syst e m in order to cover Claimant's nefariou s activ ities. O ther video surveillance tape from the ya rd where tl1e trucks were kept and where Claima nt reported for service showed Claimant entering the trucks and lowering the sun visors where the truck's gas cards were kept.
On May 28, 2014, after the NSPD had conclu ded its investigation and reported its findings to management, Claimant was notified to report for an investigatio n. The investigation was held on J uly 15, 2014 and credible, substantial evidence showed Claimant removed Carrier' s NS Wex cards from three (3) gang trucks, had fraudulently o btained
$27, 290.43in fuel by using ano ther employee's Id entification Numb er and falsely enterin g fictitio us odo meter readings into the NS \'{/ex ca rd sys te m.
Claimant, at that time was already o ut of service on a ninety (90) day sus pen sion for failure to protect his assignment and marking off under false preten ses.
Spt·cial l\oard of ,\<ljrn,tml·nt No. 11149
, \ w:,rJ :\In. 2(,1
< )11July .'\ I, 2111.J ( Jaimant was ad\'i.q<;l hr ktu.'1' th a t he was fnun<l u,I ·as ch:irv.c<l :m<l w:1l> d ismis.. c.:<l from service. The charv.es ap ins t <: faim;mt ,wrl' provel\ hy suhst:intial l'\'idl·ncc anJ till' disc1i -.linc nf disnus.,;,-.I :1-...,l;'!,Srd 1s CC>ll10\l'I\Suratc w 11h the
charv.c.:s pro ven·. tlus ponion of the( )rh >:loi1 .atio n\ cbim is Jenice.I.
,\ scconJ chaq,ti.· wai- d is p uted in this cL,im.· 11,at cha c inn1lvc<l Claimant
l' llk ri n an i\lforu Plea of C uilty on ,\u u.,;t 11, 2014 fur a fdony char c of Theft by Takin <KCllrring Oil l\!:trch 20 , 21114 . \Vhik the n"Rani1 11i11n \'n r:tcio u tr co m1:nds th:u thuc is nolll·xusbetween thl· Cb imam 's felonious ;1<:riv i t · and Carrin\ k irirruirc husim:ss in tcrc.:s rs, t he :tr Ulll l' nl is moor. C:bimant w:is dism issed on July JI, 21114 anJ did not cnrr r his plc:i un til ,\ u ust I J. 20 14 . Whi:c.: rh is additional infonrn1t1on only
l.>o lstn s the Carrier's contl·ntion that Claimant is a l>rnzcn and flagrant thief, C:arril·r cannot J ismiss an 'l m pl <>yec.: no lunj.,>cr in their emptor. "!bat portion of rhc Claim is
<lism issc.:d .
AW.\ RD:
Claim deninl.
Richard K I J:mfr, C hairma n
D. M. J>asc:udl:l. Lmployec l\h:mh cr
- - - - - - +-- - - -
D. J "crby, C:u ricr Mcmhcr
DatcJ at C:hica n. Illinois, hbruary S, ()IX