PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM: Claim in behalf of former Trackman R. A. Romero,
 Valley Divis1o'-n; for reinstatement to his former position with sen
 iority, vacation and all other rights unimpaired and compensation
 for gross wage loss beginuing March 22, 1979, continuing forward
 until he is returned his respective position as trackman.

 FINDINGS: This Public Law Board No. 1562 finds that the parties herein are Carrier and Employee within tile meaning of the Railway Labor Act, as amended, anal that this Board has jurisdiction.

 In this dispute the claimant was notified to attend a formal investigation on March 1, 1979 to determine the facts and place the re sponsibility, if any, concerning a report that the claimant allegedly took gasoline from a company vehicle.

 The investigation was held on March 22, 1979, and the claimant did not attend. Pursuant to the investigation the claimant was found guilty and on April 25, 1979 was notified he was being removed from service for removing gasoline from a company vehicle and placing it in his personal vehicle in violation of Rules 2, 16 and 29, General Rules for the Guidance of Employees.

 The Organization has filed a comprehensive brief in support of the claimant and contends the Carrier failed to prove the claimant was the employee who performed the act'and that the Carrier's method of investigating the incident was inadequate to establish the claimant's guilt.

 The referee has examined all of the evidence and testimony of record, and after a careful review, finds that the Carrier has established the guilt of the claimant. Under those circumstances the Board has no alternative but to deny the claim.

 AWARD.: Claim denied.

                                  a

                            Organization Member


Dated August 19, 1980~

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