Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10282
 SECOND DIVISION Docket No. 10110
 2-UP-MA-'85
 The Second Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.
 ( International Association of Machinists and Aerospace Workers
 Parties to'Dispute:
 ( Union Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Carrier improperly dismissed machinist J. Hardage (hereinafter
 referred to as Claimant) from service on June 18, 1982.
 2. That, accordingly, the Carrier be ordered to restore Claimant to service
 with seniority and service rights unimpaired, with compensation for all
 wage loss.
 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 ~employes 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.


An investigative hearing was held on June 4, 1982 to determine Claimant's responsibility in connection with the purported theft of Company property.
He was adjudged guilty of violating a number of the Carrier's Rules and as a result thereof, was dismissed from the service.
The Organization argues that the Claimant had no intent to steal Company property, in that it was never converted to personal use. It also contends that. other employees who acted in a manner similar to the Claimant, with respect to the use of the 'Carrier's property, were not disciplined by the Carrier and, therefore, disparate treatment is evident in this matter.
The Board finds substantial evidence in the record in support of the charge against the Claimant. His contention that he was not intending to use the Carrier's property for personal use is not persuasive. Nor do we find that the Carrier imposed unequal treatment of the Claimant with respect to the treatment of other employees. Accordingly, given the finding of guilt and the short service and past record of the Claimant, there is no proper basis for the Board to interfere with the discipline imposed by the Carrier.
 Form 1 Award No. 10282
 Fare 2 Locket No. 10110
 2-UP-MA-185





                            By Order of Second Division


Attest: ..
 Nancy J/ 100er - Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1985.