Brotherhood of Maintenance of Way Employer PARTIES TO DISPUTE.


STATEMENT O' CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Truck Driver G. H. Brunesu far 'alleged unauthorized sale of company property' basis of unproven charges (System Docket No. NH-29).

 (2) The claimant shall now be accorded the benefits prescribed in the fourth paragraph of Agreement Rule 14(D)."

 OPINION OF BOARD: Claimantp a boom truck operator.. was dismissed from service
 for allegedly engaging in the unauthorized sale of company
 property during six months in 1979.

 At the investigation held on October 11, 1979.. a Carrier Police Captain gave a comprehensive account of his investigation into the unauthorized sales of scrap track material. While pursuing a tip, the Police Captain examined weight receipts at Metal Recycling Company and he discovered that Claimant had delivered fourteen or fifteen loads of scrap metal to Metal Recycling Company during a period from April 27., 1979 to September 22.. 1979. According to records provided by the manager of Metal Recycling Company, Claimant received about six thousand dollars in cash for delivering one hundred seventy eight thousand pounds of scrap metal. Though he admitted making the fifteen deliveries to the scrap dealer, Claimant testified that he tendered the proceeds from all the cash sales to the Assistant Track Supervisor (one of Claimant's superiors). Claimant also stated that the Assistant Track Supervisor instructed him to deliver the metal to a scrap dealer. Claimant's other supervisor stated that he never authorized the removal of scrap metal from the Carrier's possession. The Assistant Track Supervisor denied receiving any cash from Claimant except for a delivery Claimant made on September
The organization's primary argument is that Claimant cannot be blamed for any violation of the Carrier's rules because he was merely complying with orders issued by his immediate supervisor. The Carrier contends that Claimant has admitted that he sold Carrier property for cash and he knew or should have known that the sales were highly improper.

 We have carefully reviewed all the evidence submitted at the investigation and we conclude the Carri receipts and cash disbursement records of Metal Recycling Company show that Claimant received cash for delivering Carrier scrap metal to the dealer on numerous occasions. Claimant knew he was acting without proper authority.
 Award Number 24200
 Docket Number MW-24162

 Page 2

 While this Board recognizes Claimant's many years of fine service with the Carrier$ Claimant committed an egregious violation not just once but fourbeen or fifteen times. The carrier trusts its employes to protect its property. Claimant flagrantly breached his obligations to the Carrier when he continuously sold the scrap metal without proper authority. Thus,, we do not find any justification for reducing the assessed discipline.

That the parties waived oral hearing;

 That the Carrier and. the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Failway Labor Acts as approved June 21,, 1934;

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

 That the Agreement was violated.

 A W A R D
Claim denied.

 ATTEST: Acting Executive Secretary

y

 Rosemarie Bras Administrative Assistan

 NATIONAL RAILROAD ADTVSTMENT BOARD
 By Order of Third Division

 Dated at Chicago., Illinois., this 14th day of March 1983.