NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 24062

THIRD DIVISION Docket Number MW-24352

Edward M. Rogan. Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Consolidated Rail Corporation ( (former Penn Central Transportation Company)

STATEMOUT CF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Foreman D. E. Johnson for alleged 'Removal and possession of contents (eleven one-litre "Old Thompson" whiskey bottles) from Trailer RLNZ 2088' on May 14, 1980 was without dust and sufficient cause, on the basis of unproven charges and in violation of the Agreement (System Docket No. 586).

(2) Foreman D. E. Johnson shall be reinstated with seniority and all other rights unimpaired, his record be cleared and he shall be compensated for all wage loss suffered."

OPIlIION OF BOARD: Claimant was dismissed from the service of the Carrier
following a formal investigation on the charges of
removing and possessing without proper authorization eleven bottles of whiskey
from a trailer. This Board has held consistently that it is not the trier
of-fact, and that it w111 not upset the findings of fact as determined at a
duly constituted and fair hearing, absent evidence of arbitrary or capricious
conduct or abusive behavior. Here, we find none. We do, however, find ample
and substantial evidence throughout the record to substantiate the findings
as resulted from the investigation.

Furthermore, we must uphold the measure of discipline as was determined is this instant case. Theft is a serious offense. Numerous Awards of this Board have upheld this principle. Award No. 104LE of Special Board of Adjustment No. 589, gives a succinct rule:

"The Carrier is entitled to invoke severe measures against employees found pilfering property entrusted to the custody of the Carrier for shipment and to demand the highest standards of probity and honesty of the employees engaged in handling goods entrusted to the Carrier."

We affirm that the discipline of dismissal imposed upon the Claimant was fully warranted.

FIPmINGS: The Third Division of the Adjustment Bard, upon the whole record and all the evidence, finds and holds:

Award Number 24!62
Docket Number M41-24352

That the parties waived oral hearing;

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That the Carrier and the Employes involved in this dispute are respectively Carrier sad Employes within the meaning of the Railway Labor Acts as approved June 21., 193;

That this Division~of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

ATTEST: Acting Executive Secretary

National Railroad Adjustment Board

NATIONAL RAILROAD ADJUSM4&I'1' HOARD
By Older of Third Division

t

By .s.

Rosemarie Branch - Administrative Assistant

Dated at Chicago, Illinois, this 14th day of December 1982.

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