Rodney E. Dennis, Referee . ..


              (Brotherhood of Railway. Airline and Steamship Clerks,

( Freight Handlers, Express and Station Muployes PARTIES TO DISPUTE:
              (The Belt Railway Company of Chicago


                STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8944) that:


1. Carrier violated the effective Clerks' Agreement when, following an investigation on January 16, 1979, it assessed discipline in the form of a reprimand against the record of Joseph Russo.

 2. Carrier shall now be required to remove the reprimand from Joseph Russo's record and shall clear his record of the charge placed against him.

 OPINION OF BOARD: Claimant Joseph Russo worked as a stockman in the Stores
 Department. On January 8, 1979j, due to the illness of the regularly assigned laborer who handled the company gas pomp, claimant was assigned to the pump at ab responsible for pumping gas, Carrier's police chief discovered that the gas pump was unlocked. At about 11:20 a.m., an investigation was undertaken and Stockman E. Pentik and claimant were found responsible and assessed a reprimand. Claimant grieved Carrier's action and the case is now before this Board.

 The record of this case reveals that claimant received a full and fair hearing and that, in fact, claimant was in charge of the gas pump when it was discovered to be unlocked. The Organization argues that Carrier did not prove beyond a doubt that claimant left the lock open and therefore this Board must sustain the claim.

        This Board cannot accept that argument. While the burden of proof

clearly rests with Carrier in discipline cases, Carrier is not required to
 prove guilt beyond a doubt, but onl3Lby a preponderance. of probative evidence.
 In this case, a chain of direct and circumstantial evidence points directly to
 claimant as the one who left the gas pump unlocked. The police chief and a
 police sergeant testified that they observed the lock unlocked. The super
 intendent found the pump unlocked and pumped his own gas. He then reported
 this open lock to the storehouse supervisor. The gas pump records reveal
 that claimant was the only other person to pump gas after 10:30 a.m. They
 also reveal that all gas pumped was accounted for and that no unauthorized
 persons received or pumped gas.
                    Award Number 23413 Page 2

                    Docket Number CL-23246


When one reviews the evidence-in this case, it is more logical to conclude that claimant left the lock unlocked than that he did not. Carrier has carried its burden of proof and it does have the right to administer discipline. While this Board may not have administered discipline had it been the initial judgment for that of Carrier in this instance.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidenceo 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 BOARD

                                By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago., Illinoisp this 3rd day of November 1981.

                                          7,1 n r^~1 \;

                                          c ;i


                                            yl