(Brotherhood of Railway, Airline and Steamship Clerks,
 PARTIES TO DISPUTE: ( Freight Handlers, Ezpress and Station Employee



(1) Carrier violated the Agreement between the Portico rhea it required M. E. Novoael, Jr... Clerk-Ca71er, DeForest Junction, Warren. Ohio, to appear for investigation is connection with theft and cashing of company pay drafts from Haselton Yard Office, Youngstorca, Rio; sad arbitrarily, without justification., inv
(2) Because of such impropriety., Claimant M. E. Novosel, Jr., shall be reinstated to service of Carrier with all rights unimpaired, his service record cleared of the charge, and he shall be compensated for all time lost.

 OPINION OF BOARD: Claimant, Mr. M. E. Novosel, Jr.,, was employed as a clerk
 caller is Carrier's facility at DeForest Junction, Warren,
 Ohio, until he was dismissed from service on January 8, 1980 as a result of as
 investigation held on December 20, 1979. Claimant was charged with the theft
 sad cashing of payroll checks stolen fry the Haseltoa Yard Office, Youngstown.,
 Ohio.

 At the investigation a Mr. Willie King testified that he had been gives a paycheck payable to a G. C. Mike. This paycheck and three others had been stolen from the Haseltoa Yard Office sometime between 10:00 PM, October 26, 19'T9, and 7:00 AM, October 27, 1979. Mr. King testified that he had. been given the paycheck by Claimant to settle a debt that Claimant owed Mr. King. Mr. King testified that he was told by Claimant to take out what was owed him sad to give f`laimat the balance. By written statement a Mr. Joseph Marnakin stated that he had talked to Claimant by telephone and Claimant advised that he was sending a fellow worker in with a good paycheck to be cashed at the Hollywood Bar. Mr. Maruskia cashed one of the payroll checks.

 Petitioner_raisea_three-.prccedural_1gal.AA i n.suppoxt of-Its- argumentthat Claimant was denied a fair and impartial investigat Carrier's refusal to sequester the witnesses was fatal to a "fair and impartial investigation" (2) that the fact that terrier did not cell all the parties possibly involved in the (3) that Carrier has failed to carry its burden of proof in the investigation.

Award Number 23857

Docket Number CL-23888


Page 2

 While the hearing officer has the authority to sequester witnesses if he so desires, his refusal to do so does not refer the investigation void. (Third Division Award 27288)

 The contention of the petitioner that the Carrier was under a duty to call all the witnesses involved is the transactions is without merit. The Carrier is entitled to call, only those witnesses it seems necessary to the case. The Claimant knows the charges against him and if he deems it necessary to have witnesses who secure the appearance of such witnesses or at least secure statements from the same.

 The Carrier utilized written statements from several individuals who did not personally appear at the investigation. It has long been held that such statements may be submitted as evidence and appropriate weight will be given. to them.

 As to the contention that the Carrier failed to carry its burden of proof it has long been the rule is the Third Division that if the evidence is not arbitrary or capricious., then the decision of the Carrier is not to be disturbed. (Third Division Awards 1559~., 15167). This Hoard believes that there is ample evidence in the records that Claimant gave the paychecks to others to cash and facilitated the cashing of the sate to substantiate that the findings of the hearing officer were not arbitrary and capricious, Based upon these facts this Board x311 not upset the judgment of the hearing officer.

        FILINGS: The Third Division of the Adjustment Board, upon the whole retard aid all the evidence., finds and holds:


That the parties waived oral herring;

 That the Carrier and the Eisployea involved is this dispute are respectively (terrier and Employes within the meaning of the Railway Labor Arty as approved June 21., 1934;

 That this Division of the Adjust meat Board has jurisdiction

 over the dispute involved herein; sad

 That the Agree®~eut was nut violated.

 A W A R D
Claim denied.

 ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board


B~ <. c/Lc~sy
 ~mrle Breach - Administrative Assistant

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 NATIONAL RAILROAD ~9I1L1'SJ5%NT HOARD
 By Order of Third Division