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                              Paul C. Carter, Referee


            (Brotherhood of Railway# Airline and Steamship Clerics, Freight Naadlers, Express and Station Hmployes PARTIES TO DISPUTE:

                          (The Atchlsoa, Topeka and Seats Fe fti3.vuy Company


                        3TAMCNT OF Q.A>bt: Claim of the System Committee of the Brotherhood (GL-9345) test:


          (s) Carrier violated ate. continues to violate the rules of the current Clerks' Agreement at Los Angeles when it wrongfully discharged Ice. Richard Brown., and


          (b) Carrier shall now return Mr. Brown to service and shall oaspensate him for all wage loss commencing August 9, 1979, and continuing so leap as he is wrongfully held out of service, and


          (c) In addition to the compensation far lost napes the Carrier shall pry ten per cent (10%) interest campoanded annually on all wages withheld from Mr. Hrwn.


          OPINION OF BOARD: Claimant had a seniority date of April 6, 1976 on the

          Manger Soles ate. Service, Seniority District, working out of Los Angeles and at the time of the occurrence giving rise to the dispute herein, vas the regu No. 6109, assigned to work 7:45 1.M. to 4:30 P.M. Wednesday,, Thursday sue. Friday and 7:00 A.M. to 3:45 P.4 Saturday cad Sunday.


          On July 12, 1979, claimat was notified by the Regional Sales Mnanger:


                  "You are hereby notified to attend formal investigation la Santa Fe Building, Conference Roam 312, at 9:00 M, Tuesday, July 24, 1979, concerning your allegedly unauthorized access to company records at apparoodmte7y 3:20 IM, July 8, 1979 so as to determine facts and pleas responsibility, if say, involving possible violation of Rules 2, 15, 16, 17 sad 20 of the General Rules far the Guidance of Rsployes, Form 2E26 Standard.


                  You may arrange far representation is line with the provisions of Agreement or Schedule governing your working condition sad. you may likewise arrange for the attendance of say desired witnesses."

Award Number 23523 Page 2
 Docket Number CL-23815

 The investigation vas postponed and conducted on August 2, 1979· The rules cited in the notice of July 12, 1979, were quoted in the iavastigatioa and will not be repented here.

 A copy of the transcript of the investigation has been lade s pert of the record. We have carefully examined the transcript nod find that nose of claimant's substantive procedural rights was violated. The charge against claimant vas sufficiently precise to enable claimant sad his representative to prepare a defense.

 In the investigation, there vas substantial evidence that claimant left his desk is his assigned work locations obtained bays that were kept by a snperrl.sor, went to n different locations unlocked the filing cabinet which contained personal retards nod other personal and confidential materials and vas observed by two witnesses at about 3:20 Me searching personal records without authority to do so.

 It was also brought out in the investigation that claimant requested one of the supervisory employes who observed him searching the records, not to repaint the matter.

 Based on the entire record, there is no proper basis for this Board to interfere with the discipline imposed by the Carrier.

        F11m111G3: Rye 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 Employee involved in this dispute are respectively Carrier nod Employee within the manning of the Rnilvsy Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdia-t;k, over the dispute involved herein; nod

 That the Agreement was not violated.

 A W A R D
Claim denied.

 ATTfiST: zz 1W/0
Executive Secretary

 CEIIC

 .. . r ___

                0 Clfico - ~~'1


NATIONAL RAILROAD ADJl13IV 11T HOAX
 By Order of Third Division

 Dated at Chicago, Illinois, this 26th day of February 1982.