(Brotherhood of Railways Airline and Steamship Clerks ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: ( (Chicago and North Western Transportation Company



1. Carrier violated the terms of the Parties' Agreement effective May 15~ 1972, particularly Rule 21., when under date of June 26, 1980y it dismissed from service Mr. Richard L. DuFern, Lead Order Fillers North Green Bay, Wisconsin, as the result of an investigation held on June 24, 1980, and,

2. Carrier shall now be required to reinstate Mr. Richard L. DuFera is service with all rights unimpaired., and compensate him for all monetary losses while held out of service and until the violation is corrected, to include making him whole f
OPINION OF BOARD: Claimant R. L. DuFern was dismissed from the service of
the Carrier following a duly constitued formal investi
gation on the charges of unauthorized possession and transportation of Car
rier owned property. At the investigation, Claimant acknowledged that the
material was in his vehicle and that he knowingly removed the material from
the Carrier's property. In light of Claimant's own admissions, this Board
has no recourse than to uphold the finding of the hearing officer. There
being no procedural rights violated and with substantial evidence on the
record, the Board finds no reason to sustain the claim.





That the Carrier and the Employes involved in this dispute are respectively Carrier and Bnployes within the meaning of the Railway Labor Acts as approved June 21p 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
Award Number 24064
Docket Number CL-24518

That the Agreement was not violated.

A W A R D

Claim denied.

ATTEST: Acting Executive Secretary


Page 2

NATIONAL RAILROAD A1kTUS'IZET7T BOARD
By Order of Third Division

By ~ yLar- ~,~"~
emarie Hrasch - Administrative Assistant

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