AWARDS 120 - CIRCUMSTANTIAL EVIDENCE

Fourth Division Award No. 4873 (Sickles)

"If the evidence taken as a whole is circumstantial, but the reasonable and appropriate inferences drawn therefrom support the charge, such evidence is sufficient, absent some showing to warrant a contrary conclusion. It is certainly a sufficient basis to form a prima facie case, and at that point it is incumbent upon the employee to rebut same. We find no such rebuttal here."

Third Division Award No. 29604 (Wesman)

"The fact that the Claimant is a long-time employee of the Carrier makes the circumstances of this case particularly unfortunate. Nevertheless, as we have noted in numerous Awards, theft of Carrier property constitutes grievous misconduct. In particular, we noted in Third Division Award 29148:

"`The circumstantial evidence of Claimants' intent to steal is so incriminating that their illegal motivation may be inferred. The fact that the action was discovered before Claimants could carry their misdeed to its intended conclusion does not mitigate the seriousness of the misdeed.'

"In light of the foregoing, we see no reason to disturb Carrier's assessment of discipline in this case."