(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Chesapeake and Ohio Railway Company



(a) The Carrier assessed excessively harsh discipline when they dismissed Claimant George C. Jenkins from service as a result of investigation or hearing held on April 13, 1976.

(b) Claimant Jenkins be restored to service with all rights unimpaired.

OPINION OF BOARD: Claimant had approximately twenty-one years of service
with the Carrier. On April 7, 1976, he was assigned
to an Extra Lift Truck Operator position at Carrier's Merchandise Pier in
Newport News, Virginia, with hours of 4:00 p.m. to 12:00 midnight.

On April 8, 1976, claimant was notified to attend an investigation scheduled for 10:00 A. M., April 13, 1976, on charge of:





The investigation was held as scheduled. A copy of the transcript of the investigation has been made a part of the record. There was substantial evidence adduced at the investigation, including the admission of the claimant, in support of the charge. On April 20, 1976, claimant was notified of his dismissal from the service.

The Board has carefully reviewed the entire record, including the transcript of the investigation. We find that none of claimant's substantive procedural rights w a fair and impartial manner.

It is a generally accepted tenet in the railroad industry that dishonesty is a dismissal offense. Long service does not mitigate the seriousness of such an offense.

                      Docket Number CL-22746


        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 BQABD

                            By Order of Third Division


ATTEST: guz/~

        Executive Secretary


Dated at Chicago, Illinois, this 31st day of March 1980.