(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE: (The Western Pacific Railroad Company

 STATEh1ENT of CIA314: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Foreman S. R. Diaz was without dust end sufficient cause, harsh and wholly disproportionate to the charges leveled against ham (terrier's File GM Case No. 11851-1979-R&E, Local Case No. 278).

 (2) Foreman S. R. Diaz shall be reinstated with seniority sad all other rights unimpaired and be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant S. R. Diaz, a Foreman, was served with a Notice
 of Investigation on April 5, 1979 "to determine facts
 and place your responsibility for your alleged pilfering for your private use,
 certain amounts of (the Carrier's) fuel and oil".--Claimant was dismissed on
 April 15, 1979.

 E~ination of the record before the Board establishes that Claimant had a fair and impartial hearing. Claimant admitted taking five gallons of gasoline from the Carrier., and a number of witnesses stated that they had seen him take Carrier's materials. There was substantial evidence in the record to sustain the Carrier's decision to discipline Claimant. Dismissal is an appropriate penalty for theft




That the Carrier and the Employee 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









ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By
 emarie Breach - Administrative Assistant

 Dated at Chicago Illinois, this 30th day of June 1981.·

 0

    ~~cevEO ,


    ~t 2 i ',=~.


h
 ~~`~. oOo Oiiice'~y