(a) The Carrier violated the Clerks' Agreement as well as the principles of imw and justice when certain information developed during interrogation of Mr. J. W. Skews., without advising him of his constitutional rights., was used to dismiss Mr. Skaggs from service.

 (b) Mr. T.W. Skaggs be restored to service with all rights unimpaired.

 OPINION CF HOARD: Claimant J. W. Skaggs was regularly assigned as a
 storekeeper at Presque Isle, Walbridgep Ohio. He was dismissed from carrier's service after an investigation during which he admitted that he had purchased an sir conditioner for use by his relatives and had charged it to carrier.

 Claimant was notified that a hearing into the matterp as is required by agreement., would be held. It ryas conducted on October 3j, 1977. As a result of that hearing, carrier dismissed claimant from its service.

 A review of the record reveals that claimant was afforded a full and fair hearing and was not denied any procedural or substantive rights.

 Prior to the hearing and at the hearing itself., claimant admitted that he had purchased an air conditioner for use by his wife's family and had charged it to carrier. The organization has argued throughout the handling of this case on the property and in its submission to this Board that claimant was under a great deal of stress. He was having trouble at home and he was being pressured by carrier officials to purchase goods for their personal use and charge these items to carrier. This behavior by carrier officialso the organization submits,, led claimant to believe he too could get away with charging goods for personal use to carrier.
                    Docket Number Q.-231T6


This Board has little sympathy for any of carrier's employer who engage -in stealing. The organization's arguments in this case cannot be seriously considered. Claimant has admitted that he illegally purchased an air conditionerp charging it to carrier. Carrier has a right to impose any level of discipline sip. to and. including dismissal far such an offense. This Board has no basis on which to question carrier's action in this case.

        FINDIBGS: The Third Division of the Adjustment Boardj, upon the whole record and all the evidencep finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employer involved in this dispute are respectively Carrier and Employer within the meaning of the Railway Labor Arty 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


        Clsfm denied.


                              NATIONAL RAILROAD ADITUSTMENT HOARD

                              By Order of Third Division


ATTEST: &449ce,:~
      Executive Secretary


Dated at Chicago,, Illinois., this 16th day of March 1981.

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