NATICKAL RAILROAD ADJUSTMENT BOARD

Award Number 22319

THIRD DIVISION Docket Number MW-22289

Dana E. Eischen, Referee

(Brotherhood of Maintenance of Way Rmployes PARTIES TO DISPUTE: (Consolidated Rail Corporation

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

(1) The dismissal of Fuel Truck Driver Victor C. Owens was without just and sufficient cause and extremely disproportionate to the offense with which he was charged (System Docket 314 CRW 3-77).

(2) The claimant shall be restpred to service with seniority, vacation and all other rights unimpaired and he shall be reimbursed for all monetary loss suffered as a consequence of the aforesaid dismissal.".

OPINION OF BOARD: The Claimant was charged with misusing Carrier
property on four separate dates in August, 1976.
The trial was held in January, 197'7, and he was discharged. He
appeals from the discharge arguing it was without just and sufficient
cause and it was disproportionate to the offense.

The evidence established by the trial record substantiates the Carrier's conclusion regarding the guilt of the Claimant. While the value of the property was minor, the question of Claimant's misuse of the same cannot be considered inconsequential.

The Claimant admitteehis culpability and expressed his

regret for the trouble he had caused. Assuming his sincerity, this
can be considered*in mitigation of the penalty assessed. He should
understand however, that any further proven incidents of this nature
will justify Carrier's severest discipline and-tHfs Board will not
intervene. The Claimant will be reinstated with seniority unimpaired
but without pay for time lost, with the understanding Carrier will
deduct from his first pay the value of the property misused.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

Award Number 22319 Page 2

Docket Number W-22289

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 should be modified.

A W A R D

Claim disposed of per Opinion.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

A7

TMEST:

Executive ecretary

Dated at Chicago, Illinois, this 28th day of February 1979.