(Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE:
 (Southern Railway Company

Appeal on behalf of Signal Maintainer S. B. Duvall, who was suspended for five days beginning June 27, 1983, for his alleged responsibility for the loss of a radio (lost or stolen, but later recovered) on May 2, 1983. [General Chairman file SR-319. Carrier file SG-575]"

 OPINION OF BOARD: On May 2, 1983, Claimant, a Signal Maintainer, reported
 the loss of a portable radio that had been issued to him.
 By letter dated May 11, 1983, he was charged with violation of Rule 54 of the
 parties' Agreement, Rule 37(a) of the Southern Railway Operating Rules, and
 Rule G-9 of the Communications and Signal Department Rules and Standards.
 Rules 54 and 37(a) relate to the use and proper care of radio equipment
 assigned to employes. Rule G-9 states that employes must thoroughly
 understand and comply with applicable Rules.

 An investigation was held on June 2, 1983, following which Claimant was adjudged guilty and assessed a five-day suspension. That decision was appealed by the Organization and when the appeal was not satisfactorily resolved on the property, it was advanced to this Board for a final determination.

 The record of the investigation was made a part of the record of this case. That record reveals that Claimant did, in fact, fail to take proper care of the radio equipment entrusted to him on the day in question.

 While Claimant was working at Henderson Crossing, he left a portable radio (a "handle-talkie"), valued at $1,000, on the seat of his unlocked truck. Claimant acknowledged that he was aware that there had been a high incidence of vandalism in the area and that he understood what was required of him to protect Company property.

 In light of the fact that Claimant's record reveals a prior incident (for which no discipline was assessed) in which a new tire and a wheel was stolen from a Carrier vehicle assigned to him, he should have been especially aware of the need to exert extreme diligence in the use and care of Company equipment. The imposition of a five-day suspension is not excessive, given the nature of the proven offense, and we cannot conclude that the discipline imposed was either arbitrary or capricious. The fact that the radio was subsequently recovered by the Police when someone sought to sell it does not diminish Claimant's responsibility.
                        Docket Number SG-25928


FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds:

 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.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
      ' Nancy J. er - Executive Secretary


Dated at Chicago, Illinois, this 26th day of February 1986.

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