(Brotherhood of Maintenance of Way Employee
 PARTIES TO DISPUTE:
 (Norfolk and Western Railway Company
 ( (Western Region)

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

 (1) The dismissal of Machine Operator R. L. Langdon was without just and sufficient cause (System File MW-MOB-74-12/E-31 Appn. 17082).

 (2) Machine Operator R. L. Langdon be reinstated with seniority, vacation and all other rights unimpaired; the charges against him be stricken from his record; he be compensated for all wage loss suffered, all in accordance with Rule 20(g).

 OPINION OF BOARD: Claimant, a machine operator with eight (8) years
 service, was dismissed from Carrier's service follow
 ing hearing into charges that he roved Company gasoline without authoriza
 tion.

 A review of the hearing record establishes the following facts: 1) Carriefs security forces were investigating the-disappearance of gasoline from Company supplies i working as Drag Line Operator with a work train. A supply car containing gasoline, tools, etc. was coupled directly to the flat car upon which Claimant's machine was placed; 3) At approximately 1:00 p.m. on April 19, 1974 Claimant was observed by two of Carrier's security officers as he parked his personal automobile near the Drag Line and Supply Car, took several 5-gallon caws from his car, filled them with Company gasoline from the Supply Car, locked them in his trunk and. drove away. As Claimant was departing he was apprehended by the officers and confronted with their observations. Claimant appare driven manor -ilea for Carrier without reimbursement. The officers con- , fiscated the cans of gasoline. Claimnat was taken to the Division Engineer's Office, the officers related their observations and conversation with Claimant, and the Assistant Division Engineer asked Claimant if he had anything to say. Claimant res
Later at an investigatory hearing held May 16, 1974 Claimant testified that he took the gasoline so he could fuel his machine. The record, however, shows that the Drag Line was parked directly next to the gasoline supply. Our review of the record, especially the fact that Claimant


stood silt in the face of a most serious accusation which jeopardized his employment and offered no explanation or disclaimer when he was accused of stealing and of admitting same to the officers, convinces us that substantial evidence supports C the circumstances is the ultimate penalty, dismissal from all services, unreasonably excessive. The claim is denied.

        FINDINGS: 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 ADJUSTMENT HOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st defy of August 1976.