AWARDS 78 - CONVICTED OF SERIOUS CRIME CARRIER HAS RIGHT TO DISMISS

Second Division Award No. 11948 (Meyers)

"This Board has reviewed the evidence and testimony in this case, and we find that there is sufficient evidence in the record to support the finding that the Claimant was guilty of violating several Carrier Rules when he entered a guilty plea to distributing marijuana and valium and was sentenced to jail and probation. This Board has found on several occasions in the past that when an employee pleads guilty to a serious crime, the Carrier is justified in considering it to be conduct unbecoming an employee. (See Second Division Awards 9862, 7570, and Third Division Award 21825.)"

First Division Award No 24155 (Zusman)

"Herein, the Board finds substantial probative evidence that Claimant entered a plea and was found guilty of a felony. Carrier has the Agreement right to pursue this action. The discipline by the Carrier was not shown to be disparate treatment and the Claimant's conviction reported in the local newspaper can seriously effect the Carrier's public image. General Order No. 3 referring to conduct of an employee states in pertinent part that:

"`The conduct of any employee leading to conviction of any misdemeanor involving moral turpitude...or of any felony is prohibited...'

The Claimant's dismissal will not be disturbed. The Board finds no Carrier violation of the Agreement."

Fourth Division Award No. 4874 (Sickles)

"The Claimant pleaded guilty to the offense in a criminal court. That is a sufficient basis to establish his guilt in this separate forum."

First Division Award No. 24264 (Meyers)

"In the case at hand, the Claimant was found guilty of the sale of drugs; and, given the nature of his employment and the policies which this Carrier wants to carry out relating to drugs, this Board cannot find that the Carrier's action in terminating his employment was unreasonable, arbitrary, or capricious. Therefore, the claim will be denied."