Parties to Dispute: ( (Carmen)


                        (

                        ( Clinchfield Railroad Company


        Dispute: Claim of Employes:


                1. That the Clinchfield Railroad Company improperly dismissed Carman Thomas J. Runion from service effective September 8, 1972.


                2. That accordingly, the Clinchfield Railroad Company be ordered to restore Carman Runion to service with all seniority and vacation rights unimpaired and compensate him for lost wages.


        Findings


        The : econd Division of the Adjustment Board, upon the whole record and all the evidence, finds that:


a The carrier or carriers and the employe or employes involved in
 this dispute are respectively carrier and employe within the meaning of
 the Railway Labor Act as approved June 21, 1934.
 This Division of the Adjustment Board has jurisdiction over the
 dispute involved herein.
 Parties to said dispute waived right of appearance at hearing
 thereon.
 Claimant was dismissed from Carrier's service after investigation and
 hearing for violation of those portions of Rule G-1 pertaining to disloyalty
 and dishonesty and Rule 816, "in connection with stealing railroad journal
 brass in 1970, 1971 and 1972 which was the property of Clinchfield Railroad
 Company and Erwin Salvage Company
 While Claimant admitted having stolen journal brass from the Erwin
 Salvage Company, he vigorously denied taking any Carrier property. The
 Oi-ganization takes the position that since there was no proof of theft
 from Carrier, the charge must fail.
 Form 1 llward No. 6862
 Page 2 Docket No. 6659
 2-CRR-CM-t75

 The Board disagrees. The disloyalty and dishonesty referred to in Rule G-1 are not restricted to Carrier's property,.and Carrier should be under no obligation to continue a confessed felon in its service under these circumstances.

    In Second Division Award No. 5043 the Board said:


"The embezzlement in question was of union funds in his position as local chairman and financial secretary of the Organization for which felony he was admittedly sentenced by a federal court. The offense was admitted, and there is no contention that the investigation was not fair and impartial. But the Employes' position is that Claimant was unjustly dismissed because 'The charge in this case of embezzlement had no connection with this Carrier nor were they in any way affected, therefore, it was outside their jurisdiction to take any action whatever against Claimant.'

 "No precedent is cited nor reason gitren in support of this COntentl.On t='-3't the r'°v·v·i.'.r =St k°r.' C. 1r^`Jen thief Or embezzler in its em-Dloy^unless r^e theft or 7,-mbezziement was of its property.

 "On the contrary, this Division has upheld the Carrier's right to discharge an employee for a crime _even though it was not co:mnited against the Carrier. Awards lb6O and 27 7. Nothing in the agreement deprives the Carrier of the right to protect itself and its workers by eliminating dishonest or criminal employees, whether or not it has adopted an operating rule so providing." (Underscoring added).

 A W A R D

 Claim is denied.

 Attest: Executive Secretary
 National Railroad Adjustment Board

 r

 By
      o~aemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 16th day of May, 1975.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division