(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Chicago, Rock Island and Pacific Railroad Company ( (William M. Gibbons, Trustee)

 STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Chicago, Rock Island
 and Pacific Railroad Company that:

 (a) On May 26, 27, September 29 and October 8, 1976, the carrier violated the current Signalmen's Agreement, particularly rule 64 during the investigation of signal maintainer Mr. W. R. Money, and subsequent discipline assessed to him.

 (b) Carrier now be required to remove the thirty (30) demerit marks from Mr. Money's record, regarding the alleged charge, and clear his record of the discipline, copy of same furnished this office."

 (General Chairman's File: AV-G-251. Carrier's File: PR-W.R. Money)

 OPINION OF BOARD: The Grievant was assessed 30 demerit marks for
 the violation of Company rules in connection
 with the disposing of Company property without authority.

 The Grievant gave away the material in question, but alleges that he had received oral authority to do so.

 The record contains evidence of wrongdoing on the part of the Grievant. The Carrier failed to adequately meet the burden of proof required to substantiate the amount of discipline imposed.





Award Number 22290
 Docket Number SG-22286

 Page 2

 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 amount of discipline was excessive.

 A W A R D
Claim sustained as per Opinion.

 ATTEST: alve &&"/~

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


Dated at Chicago, Illinois, this 31st day of January 1979.