Form 1 NATIONAL RAILROAD ADJUSTMM BOARD Award No. 8207
 SECOND DIVISION Docket No. 8036
 2-MC-Cry- t 79




Parties to Dispute: (Carmen)

Dispute: Claim of Employes:







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

 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.


This case concerns the discharge of employee G. J. Jackson by the Carrier on August 31, 1977. The basis for the discharge was the finding by the Carrier that Jackson had been caught in the act of stealing property from one of its customers, the Jones & Laughlin Steel Company, on August 13, 1977.

 The employee contends that the hearing held on August 26, 1977, into the events of August 13, 1977, was not proper. He contends that the fact that both of the guards of Jones & Laughlin Steel Company, who testified against him, were present in the hearing room, and heard each other's testimony, rendered the hearing unfair. Further, he contends that there was a case of mistaken identity because he was not at the Jones & Laughlin properties on August 13, but rather was at his home. Finally, Jackson argues that the lack of any civil action against him shows that he was not guilty.
 Form 1 Award. No. 8207

 Page 2 Docket No. 8036
 2 -W -CM- 179

 At the hearing of August J~3, 1977, two guards from Jones & Laughlin Steel Company testified concerning the attempted theft of properties from that Company's facilities. Both guards specifically identified Jackson as the person who was driving a truck containing a considerable amount of pig iron and electrical equipment.

 One of the witnesses testified that he recognized Jackson from his prior employment by the Carrier on the properties of Jones & Laughlin. He further testified that Jackson greeted him when they first met on August 13 and conversed with him in a friendly fashion. The other witness testified that he saw Jackson's name and Carrier identification in his wallet and noted the name and number in his report.

 Both of the guard witnesses testified that Jackson and his associate voluntarily returned the pig iron and other material to the properties of
 Jones & Laughlin. They testified that Jackson failed to deny that the items I
 were the property of Jones & Laughlin., but only explained that he found them
 on the street.

 The testimony set out above clearly presents a valid cause for discharge by the Carrier under the provisions of General Rule S. That rule provides that a cause fox discharge is the theft of material from either the Carrier or a customer of the Carrier. This is a reasonable and typical rule which has served as a basis for discharge in many cases.

 Further, the fact that credible testimony was presented at the hearing requires that the Board sustain the discharge of the employer. This Board has held in many cases that the resolution of credibility issues are not within the scope of its authority. Rather, the criteria is whether the employer had sufficient evidence of a substantial nature, which would justify the discharge of the employee. The evidence set out above clearly amounts to substantial evidence which justifies the discharge of the Claimant.

                      A W A R D


    Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 B
 R7.J,semarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 19th day of December 1979.