Award No. 112
Case No. 113
System Docket No. CR-2700-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of thirty day suspension assessed W. E.
Cook in connection with being charged with
theft of Company property.
Upon the whole record and all the evidence, after hearing,
the Board finds that the parties herein are carrier and
employee within the meaning of the Railwav Labor Act, as
amended, and this Board is duly.constituted by agreement
under Public Law 89-456 and has jurisdiction of the parties
and subject matter.
AWARD: Claim disposed of as follows:
Claimant readily and ashamedly admits to taking the 30" x 24"
piece of steel grating from an abandoned facility which he
believed to be scrap. Removal of Company material without
authorization, albeit scrap, is a serious
offense. However,
when taking into account the claimant's thirty-eight years of
good service, we find under these particular set of circumstances, the discipline assessed was excessive and shall be
reduced to a 10 day suspension.
C. A. Peacock, Neutral Member
F. omzalsk~../ Carrier Member
Issued this `~ day of
/4.r;
Jed dd, Organization Member
-, 87.