(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

1. Carrier failed to adhere to the Agreement between the parties when, on the date of March 19, 1975, Mr. L. F. McCormack was assessed discipline of dismissal from Carrier's service and,

 2. Carrier shall now restore Mr. L. F. McCormack to service with all rights unimpaired and. compensate him for salary lost, retroactive to March 19, 1975.
OPINION OF BOARD: In this discipline case, Mr. L. F. McCormack was
 employed as a Chief Clerk at Carrier's Mt. Clare Yard
 at Baltimore, Maryland. On March 1, 1975 on the basis of an anonymous
 telephone call, Carrier's Police Officers went to claimant's home where
 they found a cache of office equipment and supplies. Claimant was
 subsequently dismissed from service following a hearing at which he
 substantially admitted that he had improperly and without authorization
 removed the referenced equipment and supplies from Carrier's property.
 He denied, however, that the material was intended for his personal gain,
 but rather contended that he intended the material as a "back up" supply
 for possible use at his yard office.

 The only question to be resolved in this case is whether, in all of the circumstances which exist, the discipline by dismissal is "harsh and excessive" as contended by Petitioner or "proper" as argued by Carrier:

 Here the claimant had been employed for thirty-two years. There is no evidence in the record of handling on the property that claimant had been involved in any other disciplinary matters during that tenure. Carrier, for the first time in their submission to this Board, alludes to "two prior occasions" of discipline but does not elaborate thereon to any degree. As was said in Award No. 21289 of this Division:




        "* * * * Documented past discipline records are most important in assessing whether dismissal in a given case for a given offense was reasonable. Carrier has the burden of presenting such documentary evidence if it exists. We have been deprived of the opportunity to pass on this important question because of a void in the record before us. * * *."


One should not mete out the most extreme penalty merely because the act alone is a violation of a rule. One of the fundamental purposes of discipline is to change an errant behavioral pattern in an employe as well as to serve as an example for training of other employes. The Board recognizes that any dishonest act is a serious offense and can - and quite often does - justify dismissal.

 In this case, however, we feel that the more than two year absence from Carrier's employment has served its purpose. Claimant should, therefore, be returned to service with seniority rights unimpaired, but without any payment for time lost. The claimant should understand without any question that proven recurrences of the unacceptable conduct of which he was found guilty in this instance may well result in his permanent termination by Carrier.

        FINDINGS: The Third Division of the Adjustment Board, 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 Board has jurisdiction over the dispute involved herein; and

        That the discipline imposed was excessive.


                    A W A R D


        Claim sustained to the extent indicated in the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: ~.~ Executive Secretary


        Dated at Chicago, Illinois, this 29th day of September 1977.