SPECIAL BOARD OF ADJUSTMENT N0. 280
Award No. 171
Case No. 258
PARTIES Brotherhood of Maintenance of'Way Employees
TO and
DISPUTE St. Louis Southwestern Railway Company
STATEMENT "CLAIM OF THE SYSTEM COMMITTEE THAT:
OF CLAIM
1. Carrier violated the effective Agreement when Track Foreman
V. Mitchell was unjustly dismissed on June 9, 1981.
2. Claimant Mitchell shall now be reinstated to his former
position with pay for all time lost, vacation rights, and all other
rights unimpaired."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are
Carrier and Employees within the meaning of the Railway Labor Act, as amended, and
that this Board is duly constituted under Public Law 89-456 and has jurisdiction of
the parties and. the subject matter.
Claimant herein has: been employed by Carrier for twenty-three years and four months.
He was employed as a Track Foreman at the time of his dismissal. Claimant was discharged by letter dated June 11, 1981, for unauthorized use of the Company credit
card.. Following a hearing requested by Claimant, the discharged was sustained by
Carrier. '
The transcript of the investigation reveals that Company's special agent found that
Claimant had used the Company credit card to put gasoline into his own vehicle on at
least two occasions. The information secured by the special agent was passed on to
the local County Prosecutor's office and, following a trial in which Claimant pleaded
guilty, the Judge fined the Claimant $800 and ordered him to make restitution to
Carrier herein in the amount of $56.65, which is the total amount of the two credit
card slips which had been discovered by the special agent.
Carrier's decision to terminate Claimant herein was amply justified by the record.
ss~
2so
There is no doubt but that Claimant had indeed misused the Company's credit cards
for his own advantage. The evidence is sufficient to establish that fact and, in
addition, the Court found him guilty of that criminal offense as well. For an offense involving dishonesty, particularly that of misusing or misappropriating company property, dismissal is a wholly appropriate penalty. This has been upheld by
many boards over years in this industry. It is particularly important, since in
this instance the Claimant was a Foreman who obviously knew that what he was doing
was wholly incorrect and dishonest. There is no basis for questioning the decision
to terminate Claimant. The claim must be denied.
AWARD
Claim denied.
I. M. Lieberman, Neutral-Chairman
v
M. A. Christie,. Employee Member C. S. Goyne, loyer Member
Houston, Texas
May , 1583