(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: ( (Burlington Northern Inc.

1. Carrier violated the Agreement between the parties whew, effective September 10, 1979, it unjustly assessed discipline of dismissal from service on Mr. Carey M. Swanson, Telegrapher, Saunders, Wisconsin.

 2. Carrier shall now be required to reinstate Mr. Carey M. Swanson, Telegrapher, Saunders, Wisconsin, to the service of the Carrier with his seniority rights and all other rights unimpaired, clear his personal record, exonerate him from the discipline assessed, and compensate him for all loss of wages and fringe benefits until he is reinstated to the Carrier's service.

 OPINION OF BOARD: This Matter was submitted to this Board on the basis that
 the discipline of dismissal in this case was unjust and
 an abuse of the Carrier's discretion. However, we are aware that the Claim
 ant died shortly after this case was submitted to this Board. Without regard
 to that event, an examination of the record of investigation reveals that
 there was substantial evidence to support the Carrier's conclusion of guilt.

 Had Claimant survived, we could have considered the argument made for modification of `_he penalty imposed here, but in view of the reality, that consideration is now moo




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

                    Docket Number CL-23774

                    A W A R D


        Claim denied.


                                NATIONAL RAILROAD ADJUS2= BOARD

                                By.Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 SBy
 o emarie Brasch - Administrative Assiste.nt

 Dated at Chicago Illinois this 30th day of July 1982.