~LCIAL BOARD OF ADJUSTMENT. 279
Award
No.
239
Docket
No.
239
Mopac File 247-6919
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Missouri Pacific Railroad Company
Statement
of Claim: 1. Claimant violated the effective Agreement
when Trackmen R. D. Conley and M. R. Ringle were
unjustly dismissed from service January 15, 1985.
2. Claimants Ringle and Conley shall now be paid
for all time lost, to begin on October 12, 1984
kind to continue until such time as they are allowed
to return to service with all seniority rights,
vacation privileges, and any other rights that
they would have been entitled to under the provisions
of various Agreements, account dismissal.
Findings: The Board, after hearing upon the whole record
and all evidence, finds that the parties herein are Carrier
and Employee within the meaning of the Railway Labor Act,
as amended, that this Board is duly constituted by Agreement
dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given
due notice of the hearing held.
Claimant Trackmen were observed by a Carrier's Special
Agent on October 11, 1984 siphoning fuel from Maintenance
of Way Fuel Truck 8629 and placing the gas into a 1968 Ford
Truck, later found to be registered to the Claimant, Mr.
Ringle.
The Special Agent proceeded to confront the two Claimants
who identified themselves as being MOPAC employees. Claimants,
-2- ward No. 239
apparently, indicated to the Special Agent that they had
been caught red-handed and offered to pay for the gasoline
that they had stolen. The offer was refused and the Agent
requested that they complete a written statement outlining
what they did. Claimants did so. In the period shortly
thereafter a Trainmaster arrived. lie advised the Claimants,
that pursuant to Rule 12, they were being suspended from
service pending investigation.
The formal investigation was postponed several times
and finally conducted on January 15, 1985. Claimant Ringle
failed to appear or request a postponement thereof. Only
Claimant Conley and his representative appeared. The investigation was held in absentia insofar as Claimant Ringle was
concerned.
As a result of the evidence adduced Carrier concluded
therefrom that the Claimants were guilty as charged of viola
ting General Safety Rule N-4 reading:
"Employees must not be dishonest."
They both were dismissed from service as discipline therefor.
The Claimants were accorded the due process to which
entitled.
There was sufficient evidence adduced, including the
admission of Claimant Conley that:
"Ile helped to get gas to get a
friend home for a weekend."
and that of Trackman Ringle who wrote:
SBA 279 -3- Award No. 239
"Except for tonight I have never
dipped into that gas tank. I was
low on cash. I know it was totally
stupid. Even had thought there
might be a Agent around. Didn't
think there was anyone here. I
don't need gas that bad."
which supported Carrier's conclusion as to the guilt of
the Claimants. That Claimant Conley did not, in fact, take
the gas he was nonetheless a willing and wilful participant
party to the taking of the property of another. The culpability of both Claimants was uncontested.
Honesty is one of the most important obligation that
an employee owes to his employer. It is particularly true
in the railroad industry because of the very nature of the
service that it provides to the public. When theft and
dishonesty has been proven it has been long held by every
Division of the Adjustment Board, and by most, if not all,
Public Law Boards, that the appropriate discipline is dismissal therefor.
In the circumstances these claims will be denied.
Award: Claims denied.
~a~
A ristie, Emp oyee Rem er non, Carrier Mem er