THIRD DIVISION Locket Number MW-24707


                  Robert W. McAllister, Referee


                (Brotherhood of Maintenance of Way Drtployes

PARTIES TO DISPUTE:
                (Consolidated Rail Corporation

                ( (former Lehigh Valley Railroad Company)


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman G. D. Bostwick for stealing five (5) gallons of gasoline from Conrail Vehicle X-1035 on October 26, 1979 was excessive and disproportionate to such an offense (System Docket LV 186).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: The Claimant, G. D. Bostwick, is a Trackman who entered
 the Carrier's service on June 3, 1968. On November 9, 1979,
 he was dismissed from the Carrier's service for stealing five (5) gallons of
 gasoline. The Organization protests the dismissal on the grounds the Claimant
 obtained the gasoline for a legitimate purpose, and he did not "steal" any
 gasoline.
Examination of the record discloses sufficient evidence was adduced at the hearing to support the Carrier's findings. The Claimant, a long service employee, had a clean disciplinary record for eleven (11) years prior to his dismissal. He has been out of service four years. Considering these factors, the Board believes this lengthy period of time out of service without compensation will effectively drive home to the Claimant the lesson that dishonesty, no matter how slight, cannot be condoned and is a dismissable offense. We are confident this long service employee fully understands this principle and that the tenure of his reinstatement depends entirely upon his future compliance with all rules and regulations. Accordingly, Claimant be reinstated with seniority unimpaired, but without compensation for time out of service.
        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Dmploye 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
        That the discipline was excessive.

            Award Number 24651 Page 2

                      Docket Number MW-24707

                      A W A R D


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: 4e
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          Nanc J lever - Executive Secretary


Dated at Chicago, Illnois, this 30th day of January, 1984
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