(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 · ( Express and Station Employes
 PARTIES TO DISPUTE:
 (Consolidated Rail Corporation
 ( Former Penn Central Transportation Company
 STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
 (GL-8207) that:
 (a) The Carrier violated the Rules Agreement, effective
 February 1, 1968, particularly Rule 6 A-1, when it assessed discipline
 of Dismissal on Claimant, J. Zeranti, Clerk, Kenmore Yard, Buffalo,
 New York.
 (b) Claimant Zeranti's record be cleared of the charges
 brought against him on April 21, 1975.
 (c) Claimant Zeranti be restored to service with seniority
 and all other rights unimpaired, and be compensated for wage loss
 sustained in accordance with the provisions of Rule 6-A-1(h), plus
 interest at 6 per cent (67,) per annum, compounded daily. Claimant
 also to be made whole for any money he was required to spend for
 medical and hospital services, or other benefits which would other
 wise have been covered under Traveler's Group Policy GA 23000.
 OPINION OF BOARD: This is a discipline case involving a charge of
 theft of merchandise by Claimant and others from
 a railroad car in interstate shipment at approximately 2:00 A.M., April
 April 19, 1975 at Harriet, N.Y. The Claimant was dismissed from the
 service of the Carrier. This petition represents an appeal from the
 decision of the Carrier upholding the discipline.
 The questions presented are. whether there was substantial
 evidence submitted by Carrier in the course of the trial to establish
 proof of the charges and whether the Carrier acted without bias or
 prejudice in assessing discipline of dismissal.
                  Docket Number CL-21820


Based on an examination of the record and the presentation of the case,we are convinced there was ample evidence to support the charge. The testimony of Police Inspector Yost was particularly illuminating, as was the affidavit submitted by the Special Agent of the F.B.I. Under the circumstances, we find no fault with the degree of discipline assessed by Carrier in this case.

        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

        The Agreement was not violated. --


                              3' t


                  A W A R D


Claim denied.

                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        ,By Order of Third Division


ATTEST: 1.0gZal &VA"4~
        Executive Secretary


Dated at Chicago, Illinois, this 16th day of December 1977.