PARTIES TO D78PVfE. (Brotherhood of Railroad Signalmen
 (.
 (Robert W. Hlanchette, Richard C. Bond and
 ( John H. McArthur, Trustees of the Property
 ( of Penn Central Transportation company,
 ( Debtor

 STATEMENT OP CLAIM: Claim of the General Committee of the Brotherhood

 Railroad Company: of Railroad Signalmen on the former pezay1venia

gr!t~mt Docket No. 567

Southern Region - Southrestern D vie on Case No S 10-66


Appeal of J. R. Ash, Maintainer CS, Seniority District No. 25, from discipline of dismissal from service on August 29, 1966.

 OPINION O' BOARD: Carrier asserts that Claimant failed to progress the
 claim for a period of approximately six (6) years -
 to the detriment and prejudice of the Carrier; and that, accordingly, the
 claim is nor barred by the doctrines of Laches and Estoppel. Our dis
 position of the case, on its merits, makes it unnecessary for us to rule
 on that contention.

 On August 29, 1966, subsequent to investigation, Claimant was dismissed for unauthorized disposition of Company material..."

 The record clearly establishes that Claimant sold scrap copper wire (which was the property of the Carrier) on certain occasions. Claimant "Berta that his activity was not motivated by personal gain; but rather, he utilized the proceeds to purchase a refrigerator for the camp car. It further develops that inaccurate bins for ice supplies were submitted to assist in defraying the cost.

 The timing of the sales of the wire, and the method of paying off the refrigerator, cause no to express some doubt as to Claimant's unselfish motivations. But, in have held that established dishonesty constitutes a basis for termination, and that this Board is not constituted to substitute its judgment for that of Carrier, unless we are confronted with a shoring of arbitrary or capricious action, or the like.


We have noted the various contentions concerning polygraph tests, sad have considered their possible effect upon Claimant's rights. We do not find that Carrier attempted to substitute the result of said tests for substantive evidence of wrongdoing, and thus we are not inclined to overturn Carrier's findings - un
        FIIPDINCS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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;

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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMEVT BOARD

                        By Order of Third Division


ATTEST:
        EScecut1ve Secretary


Dated at Chicago, Illinois, this 16th day of January 1976.