Special Board of Adjustment No. 956
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
New Jersey Transit Rail Operations Inc.
STATEMENT Trackman J. Adams' dismissal was excessive and
OF
CLAIM: disproportionate to the offense allegedly com
mitted and he should be returned to service with
seniority and all other rights unimpaired and
compensation for all wage loss suffered.
FINDINGS: Claimant was dismissed for taking two bags of
clothing that belonged to a commuter on Train 309.
He had completed his tour of duty at 3:30 p.m.
that day and boarded Train 309 at Hoboken enroute
to his home in Patterson. The record shows that
while on the train, claimant picked up two shop
ping bags momentarily left by a commuter and
rushed out of the train.
Claimant pleaded guilty to a charge of appropria-
tion of property under $200 and was fined. His explanation that
it was his intention to take the packages to Lostand Found is
unpersuasive in this setting; he was apprehended while going in
the opposite direction from the Lost and Found office.
SBA - 956
Award No. 15
too ground is perceived for setting aside Carrier's
findings and decision to dismiss claimant.
AWARD: Claim denied.
Adopted at iiewark, N. J., ~~
~,
1985.
,I
i:arolC :·~. Weston, Chairman
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