(h^otherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
              (Milwaukee-l~ansas City Southern Joint Agency


GTATFM9iT OF CLAU4: "Claim of tt a System Committee of the Brotherhood that:

 (1) The dismissal of Trackman Kenneth Fox for alleged theft was without ,just and sufficient cause and on the basis of unproven charges (Carrier's File 013.31-220).

 (2) Trackman Kenneth F)x shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF' BOAR): The record sh,nts that claimant entered Carrier's service
 as a track laborer on November 8, 1978. On December 10, 1979, he was notified:

            "You are instructed to repc:rt to the office of the General Superintendent at 0900 December 13, 1979, for formal investigation to determine the facts and your responsibility in connection with your allegedly stealing some money from another employees locker at the roundhouse at or about 1600 August 24, 1979.


            Arranl;e for representative, if desired, in accordance with current M of Way agreements.


            You must acknowledge receipt of this notice by signing the attached copy and returning it promptly t this office."


The investigation was postponed and held January 18, 1980, following which claimant was dismissed from the service. A copy of the transcript of the investigation has been made a par! of the record. In the investigation it was shown that claimant was convicted in court, fined $100.00, and thirty days suspended sentence.

 Based upon the entire record, the Board finds no proper basis for disturbing the discipline imposed
                        Awazi Number 23506 Page 2

                        Docket Number MW-23$(9


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


        That the parties waived ora"' hearir:;


That the Carrier and the Em] loyes involved in this dispute are respectively Carrier and &ployes within the meaning of the Railway labor Act, as approved June 21, 1934;

 That this Division of the Adjustmett Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not v.'.olatec.


                        A W A It D


        Claim denied.


                            NATl)NAL RAILROAD AIUUS'mfEWT BOARD

                            By :)rder of Third Division


ATrrsT:
        Executive Secretary


Dated at Chicago, Illinois;, this 29th day of Ianiviry

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