(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Chicago and North Western Transportation Company

 STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Assistant Foreman-Truck Driver G. L. Draper was excessive and wholly disproportionate to the offense with which charged (System File D-11-24-7).

 (2) Claimant G. L. Draper be restored to service with all seniority and vacation rights unimpair
OPINION OF BOARD: Claimant Draper, an assistant foreman-truck driver, was
 dismissed from service because of his unauthorized use
 of a Company vehicle. Claimant was aware of a Carrier operating rule pro
 hibiting the use of Company vehicles for other than Company business, except
 on the authority of the employee's supervisor. Approximately two years
 prior to the incident involved in the present dispute, claimant had been
 reprimanded for violation of the same operating rule.

 The evidence is clear that no supervisor authorized claimant to use a Company vehicle for transportation to his residence on the occasion in question. .The circumstances asserted-as extenuating are insufficient to excuse this violation of Carrier's entirely justifiable and necessary operating rule. The fact that serious nature of ilaimant's offense. Claiment therefore exposed himself to disciplinary action. Under all the circumstances we are unable to say that Carrier abused its discretion in assessing the penalty of dismissal.



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 i


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and






                        By Order of Third Division


ATTEST: l ~~ i ALz4zQ--~
        Executive Secretary


Dated at Chicago, Illinois, this 12th day of December 1975.