NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 25377

THIRD DIVISION Docket Number SG-24504

W. S. Coleman, Referee

(Brotherhood of Railroad Signalmen

PARTIES TO DISPUTE:

(Southern Pacific Transportation Company

(Western Lines)

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad

Signalmen on the Southern Pacific Transportation Company (Western

Lines):

On behalf of Signalman C. D. Ruttlen, Los Angeles, who was dismissed from service June 18, 1981, for restoration to service with all rights restored, and with compensation for all time lost at both the pro rate and time and onehalf pay rates. (Carrie
OPINION OF BOARD: Claimant C. D. Ruttlen is a Signalman employed by Carrier
in Los Angeles, California. On may 21,1981, he was observed
by Los Angeles Police and Carrier Police inside Carrier's Signal Facility on May
Street. Claimant was questioned about his presence there and eventually was
asked to go to the Carrier's Police Office and make a statement concerning his
presence on the property. His statement revealed that he took Company gas and
used it in his personal vehicle. It also revealed that he did this on a number
of occasions in the past. Claimant was subsequently cited for formal investigation
and a hearing into the matter was held. As a result of that hearing, Claimant
was found guilty of stealing Company gas and using it in his personal vehicle, a
violation of Rule 801: "Employes will not be retained in the service who
are... dishonest".

This Board has reviewed the Transcript of the hearing as well as the documents contained in the record and must conclude that Carrier had ample probative evidence on which to base its decision that Claimant was guilty of dishonesty. Given his guilt in stealing gas, his dismissal from service cannot be construed by this Board as arbitrary or capricious on the part of the Carrier. We are therefore compelled to deny this claim.

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 Employes 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 Agreement was not violated.

Award Number 25377 Page 2

Docket Number SG-24504

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUST14ENT BOARD

By Order of Third Division

Attest:

Nancy Kver - Executive Secretary

Dated at Chicago, Illinois, this 15th day of April 1985.