Award No, 311
Case No. 311
System Docket No. MW-1476
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD
OF
MAINTENANCE
OF
WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed C. E. Miller on
November 14, 1990, (taken out of service on
October 9, 1990) in connection with being charged
with unauthorized absence from his work location,
unauthorized use of Company vehicle and unauthorized
removal and disposal of Company material.
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 Railway 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:
Despite his prior protestations which were coroborated
during the hearing, claimant nonetheless assisted his
coworker in the unloading of Company material at the
Sunk yard, thus proving he was guilty as charged.
However, while the Board does not minimize the claimants
actions, it does denote a significant difference between
the facts and mitigating circumstances involved in this case and
those involved in Award No. 312, and taking into account
claimants 14 years of discipline free service, we deem that
he should be afforded another opportunity to be a reliable
employee. Therefore, claimant is to be restored to service
but without compensation for time lost. This lengthy
suspension without pay will emphasize the gravity of
the situat?
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