PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Trackman Gary L. Dobbs for alleged 'Removal and possession of contents (eleven one-litre "Old Thompson" whiskey bottles) from Trailer RINZ 200288' on May 14, 1980 was without just and sufficient cause, on the basis of unproven charges and in violation of the Agreement (System Docket No. 587).

 (2) Trackman Gary L. Dobbs shall be reinstated with seniority and all other rights unimpaired, his record be cleared and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant was dismissed from the service of the Carrier
 following a formal investigation on the charges of theft of
 eleven bottles of whiskey, the contents of a consigned shipment. The Claimant
 raises the issue that the charges brought at the investigation were unproven.
 It is a well-settled principle of this Board that the trier-of-fact is not this
 Board; rather it is the hearing officer who is able to be present at the giving of
 testimony, hear the facts as adduced at the hearing and witness firsthand the
 demeanor and physical presence of witnesses in the matter. It is also well
 established that this Board will not upset the findings of fact as determined
 at a duly constituted and fair hearing, absent evidence of arbitrary or capricious
 conduct or abusive or discriminatory behavior on the part of the hearing officer.

 We find no such conduct here. We do find ample and substantial evidence throughout the record to substantiate the findings as resulted from the imrestigation.

 Finally, we find that the measure of discipline should be upheld in this case. Theft is a serious offense. Numerous awards of this Board so state) see Award 24062



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;
                      Docket Number W-24351


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

        That the Agreement was not violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAIIROAD AD JUSMNT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 13th day of May 1983.
                                          JUL 1 ~'.~:, j;


                                                ahv

                                          w-