Ronald L. Miller, Referee


              (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 Repairman J. Capecci for alleged violation of Rules 'S', 'I' and 'H' was on the basis of unproven charges and in violation of the Agreement (System File NEC-BMWE-SD-1237D).

 2. The claimant shall be reinstated with seniority and all other rights unimpaired, his record cleared of the charges leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: On March 26, 1985, the Claimant signed a statement wherein
 he admitted to "having pumped about 100 gallons of fuel
 (oil) into my tank inside my house. . . " and on three (3) prior occasions
 pumping "about 600 gallons" into that tank. Following a Hearing, the Claimant
 was dismissed from employment with the Carrier.

 There is substantial evidence of probative value upon which to conclude that: (a) the Claimant w representative present when he gave and signed the statement and chose not to have such representation, (c) Orgaaization representation was not required, and (d) the Claimant was guilty as charged.

 The discipline of dismissal in this matter of admitted dishonesty and theft of Carrier property is not excessive. The dismissal is commensurate with the circumstances of the thefts and the seriousness of the misconduct.

        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 26703 Page 2

                      Docket Number MW-27271

                      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 23rd day of November 1987.