PARTIES TO DISPUTE: ( j
 (Louisville and Nashville Railroad Company li

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

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 (1) The dismissal of Machine Operator Wayne _White on August 25, 1975 was without just and sufficient cause (System File 1-3 (25)/D-106148; E-306-2/.

 (2) Machine Operator Wayne White shall be reinstated to service and accorded all rights and privileges stipulated in the first paragraph of Agreement Rule 27(f).

 OPINION OF BOARD: This is a dispute concerning the dismissal of
 Machine Operator Wayne White on August 25, 1975 following hearing and irrvestigation into charges contained in a Notice reading as follows:

          "You are hereby charged with the unauthorized use of company vehicle T-5209, assigned to EK Subdivision

          Joint Gang 161, on July 10, 1975 after work time, j

          resulting in extensive damage to the vehicle and

          wrecker expense, and loss of credit card and two

          drums of oil.


          Formal investigation will be accorded you at 10:00 a.m., Monday, July 28, 1975 in the Roadmaster's Office, L&N Depot Building, Ravenna, Kentucky.


          Please arrange to be present with your representative,

          if you desire one, and any other witnesses you may,

          wish to testify in your behalf."


Review of the record shows that Claimant was afforded a fair and impartial hearing in accordance with Rule 27 of the Agreement. He was represented ably by the Organization and afforded full opportunity to testify in his own behalf and to cross examine witnesses against him.

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                    Award Number 22000 Page 2

                    Docket Number MW-21973


The record shows that Claimant took a company truck without seeking or obtaining permission, that he filled the gas tank on a company credit card and drove the truck on a personal errand, that he was involved in an accident is which some $245.00 of collision damage was done to the truck, that additional expenses of $125.00 for towing and $15.00 for recovery of oil drums lost from the truck was engendered by his accident, and that the company credit card last used by him never was recovered. Claimant's home is some 40 miles from the work site and he claims that he went there directly from work, yet he also claims that the accident occurred while he was en route. He does not explain why the accident occurred some two hours after he left with the truck and does not account for his time between taking the truck and the occurrence of the accident. Other internal contradictions and inconsistencies in his testimony are similarly fatal to his attempt to mitigate the import of his misconduct.

 In light of the nature of the offense and Claimant's less than satisfactory personnel record we cannot conclude that dismissal is unreasonable or arbitrarily severe. The claim must be denied.

        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 Agreement was not violated.

              A W A R D


Claim denied.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 14th day of April 1978.