YARDMASTER DEPARTMENT AWARDS

GUILTY PLEA IN COURT OF LAW GROUNDS FOR DISMISSAL BY CARRIER  (193)
 
AWARD # REFEREE RAILROAD
Second Division Award No. 10626 Hall Missouri Pacific RR
Third Division Award No. 29733 Mason Elgin, Joliet & Western Railway Co.
Third Division Award No. 29971 Mason CSX
Third Division Award No. 25803 Carter Terminal RR Assoc. of St. Louis
Fourth Division Award No. 4647 Fletcher Burlington Northern RR
Public Law Board No. 4357, Case No. 12 Lieberman Norfolk & Western Railway
Public Law Board No. 4851, Case No. 9 Roukis Norfolk & Western Railway

Second Division Award No. 10626 (Hall) (Missouri Pacific RR)

"Central and persuasive in this dispute is that the Claimant testified, as shown in the Transcript of the hearing and in the Exhibit made a part thereof, that he entered a guilty plea in the Circuit Court to prevent the charges against him from being heard by a jury."

Third Division Award No. 29733 (Mason) (Elgin, Joliet & Western Railway Co.)

"The offense is sufficiently reprehensible for the Carrier to determine that an employee who is so dishonest, is an employee not to be trusted or worthy of being retained in its employment."

Third Division Award No. 29971 (Mason) (CSX)

"Claimant admitted in his investigation, that a plea of guilty was entered on his behalf. This plea resulted from negotiations between the State and Claimant through his Attorney."

Third Division Award No. 25803 (Carter) (Terminal RR Assoc. of St. Louis)

"The conviction itself occurred while the Claimant was employed by the Carrier. Although Claimant's testimony as to what occurred would appear to shed a sympathetic light on his role, the Carrier properly could rely on the actual Court record and the Claimant's guilty plea."

Fourth Division Award No. 4647 (Fletcher) (Burlington Northern RR) (Corrected)

"It is undisputed that the Claimant has committed the very serious offense of theft of the Carrier's property. An instance of theft such as this, even in the case of a long-term employe, is clearly a dischargeable offense."

Public Law Board No. 4357, Case No. 12, Award No. 12, (Lieberman) (Norfolk & Western Railway)

"There is no doubt in this case but that Claimant was guilty of the charge preferred against him, which were indeed indicative of the violation of Carrier rules, and the decision to terminate was appropriate and should not be tampered with."

Public Law Board No. 4851, Case No. 9, Award No. 9, (Roukis) (Norfolk & Western Railway)

"It might well be that Claimant entered an "Alford Plea whereby a defendant may maintain his innocence while pleading guilty."


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Last modified: April 29, 2005