(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (National Railroad Passenger Corporation (Amtrak) (Northeast Corridor)

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

 1. The dismissal of B&B Carpenter D. R. McClanahan for alleged misuse of 'AMTRAK issued AMOC Station, 731 S. Philadelphia Road, Aberdeen, Maryland,' was without just and sufficient cause and on the basis of unproven charges (System File NEC-BMWESD-683D).

 2. The claimant's record shall be cleared of the charge leveled against him, he shall be reinstated with seniority and all other rights unimpaired and he shall be c
OPINION OF BOARD: Claimant was employed as a B&B Carpenter by the Carrier,
 with approximately six years of service at the time of the
 incident giving rise to the Claim. By letter dated May 26, 1983, Claimant was
 removed from service pending further action as a result of an Investigation by
 Carrier's police into Claimant's alleged misuse of a Company Amoco Credit Card
 to purchase gasoline for his personal vehicle. On June 1, 1983, Claimant was
 notified to appear for a Trial in connection with the charge that he had
 misused the Company Credit Card. After a postponement, the Trial was held on
 June 30, 1983, and resulted in Claimant's dismissal from the Carrier's
 service. The Organization thereafter filed a Claim on Claimant's behalf,
 challenging his dismissal.

 Tnis Board has reviewed the evidence and testimony in the record; and we find that the Claimant was afforded all of his procedural rights in that he received timely notice of the charges against him, and he was afforded a fair and impartial Hearing with all of his due process rights provided.

 With respect to the substantive charge, this Board finds that there is sufficient probative evidence in the record to establish that the Claimant was guilty of the charge against him. The Credit Card purchase was made with the card issued to the Claimant; the card was admittedly in the Claimant's possession on the date of the purchase; it was admittedly the Claimant's signature on the Credit Car receipt, the license number of the vehicle into which the gas was placed; and that number is the license number of the Claimant's personal vehicle. Hence, there is sufficient evidence that the Claimant misused the Credit Card to purchase gasoline for his
                      Docket Number MW-26157


Once this Board determines that a Claimant was guilty of the offense with which he was charged, we next turn our attention to the type of discipline imposed. It is funda dismissible action, even on the first offense. As this Board stated in Third Division Award 17155:

          "We have held dishonesty in any form is a matter of serious concern and that dismissal from the service because of it is not an excessive application of discipline nor an abuse of discretion."


This Board sees no reason to set aside the discipline.

 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. DEver - Executive Secretary


Dated at Chicago, Illinois, this 29th day of September 1986.