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

(1) The dismissal of B&B employee Richard Levis on September 20, 1977 was without just and sufficient cause and was exceedingly disproportionate to the charge of violating Rule '$' (System File 11-D 744/L-126-1650) .

 (2) The claimant shall be reinstated to his former position with seniority rights unimpaired and he shall be granted all other benefits and privileges described in Rule 19.'

 OPIKICNO OF HOARD: Following charge and investigation under the
 provisions of Rule 17 of the Agreement, claimant,
 a crane operator for the Carrier, was dismissed from service effective
 September 21, 1977, because:

A copy of the transcript of the investigation conducted on September 13, 1977, has been made a part of the record.

 Carrier's Rule g of the Rules and Regulations for Maintenance of Way and Structures, as referred to in the letter of dismissal of September 21, 1977, provides in part:

                    Award Number 22615 Page 2

                    Docket Number w-22736


            "Property of the railroad, including freight and articles of value found in or on cars, or on the right of war, must be cared for and properly reported, and not in any way disposed of, or removed from Company premises or right of way without first securing proper authority."


A review of the transcript of the investigation and the handli ~ of the dispute on the property shows that none of claimant's substantive procedural rights was violated.

 The record shows that on July 12, 1977, at about 7:30 P.M., claimant departed Ottawa, Illinois, driving a Company track, without having obtained authority from the Carrier, allegedly in a search for sheet piling. He proceeded to Bureau, T117.n~is, where he met a Bridge Mechanic for the Carrier. Claimant and the Bridge Mechanic continued in the Carrier's vehicle to various locations and made several stops. About 12:10 A.M., July 13, 1977, the vehicle operated by the claimant was involved in a serious accident, striking an automobile head-on. The driver of the automobile was fatally inured, as was the Bridge Mechanic riding with the claimant, and the claimant xws seriously inured. Iu the investigation claimant admitted that the entire trip in the Cogpany vehicle was without authorization of the foreman or any officer of the Carrier.

 Based on the facts as developed in the investigation, the Board finds that Carrier's actions in dismissing claimant from the service was not arbitrary, capricious or in bad faith. The claim will be denied.

        FLINGS: 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 &rployes 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.

                    Axard Humber 22615 Page 3

                    Docket Humber Mil-22736

                    A W A R D


        Qa.1m denied.


                      HATICKAL RAILROAD ADJUMM BOARD

                      By Order of bird Division


ATTEST:

        ~Z~141WOZi~

        E:ecative Secretary


Dated at Chicago, Illinois, this gtb day of November 1979.