The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The record shows that the Carrier employed the Claimant as a Track Foreman at Altoona. Pennsylvania, until November 11, 1994, when Carrier removed Claimant from service for his part in the theft and resale of electric traction motor coils from the Juniata Storehouse in Juniata, Pennsylvania, having a replacement value greater than 590,000.00. The record shows that Claimant actively participated in the theft of the coils during a period from April 1994 until October 1994 and that Claimant and his coconspirators sold the Investigation, on January 13, 1995, Claimant admitted his participation in the theft of the traction coils.

By Notice of Discipline dated January 31, 1995, Carrier dismissed Claimant from its service in all capacities. The Brotherhood of Maintenance of Way Employes progressed the claim to the Carrier's Senior Director-Labor Relations. Following C'arrier's denial of the appeal. Claimant progressed the appeal to this Board on an individual basis. Ilv letter dated Julv 23, 1995, the Office of the District Attorney of Blair County, Pennsylvania, sent to Carrier a sentencing order, dated July 14, 1995, of the Court of Common Pleas of Blair County pursuant to a plea agreement, sentencing Claimant on a count of criminal conspiracy.

Our review of the Statement of Claim shows that it is a plea for leniency following the C'arrier's finding, and Claimant's admission, of theft from the Carrier. There is no question that such an act of dishonesty is a dismissable offense.

The elements of this case are:

. Claimant's admission is a matter of record. See Third Division Award 32004.

98-3-95-3-588