PARTIES) . ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF :aAY EMPLOYEES

 STATEMENT OF CLAIM:

 1. That the Carrier's decision to remuve :Sorthern Division Trackman L. G. Hayes and L. Jackson from service was unjust.

 2. That the Carrier now reinstate .:1alza"oLi wita seniority, vacation, all benefit rights unimpaired and pay for all wage loss as a result of investigation held December 23, 1962 continuing forward and/or otherwise made whole, because the Carrier did not introduce substantial evidence that proved that the claimants violated the rules enumerated in their decision, and even if claimants violated the rules enumerated in the decision, permanent removal from service is extreme and harsh discipline under the circumstances.

 FINDINGS: This Public Law Board No. 1582 finds that the parties
 erh~a are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board her jurisdiction.

 In this dispute the claimants were charged with being involved in the theft of and the unauthorized cashing of Carrier s payroll check No. 809970 issued on August 31, 1932 belonging to J. C. Bedford on September 2, 1982, and the theft of another payroll check No. 809971 issued on the same date for A. R. Miles.

 An investigation was held in the Division Engineer's Office in Fort Worth, Texas'on December 28, 1982, and the claimants were dismissed from the service of the Carrier for violation of Rules 1, 14 and 16 of the General Rules for the Guidance or Lmployees, 2626 Standard.

 The evidence of record indicates that claimant Jackson was present for the investigation and waived his right to have a Union representative of his choice. Claimant Hayes did not appear for the investigation. The record indicates that claimant Hayes was notified by certified letter of the date and location of the investigation. He was on a leave of absence beginning on November 15, 1982 to December 14, 1982 but did not contact the office of the Carrier after that date.

 The evidence establishes that two checks were missing; one was cashed and payment had been stopped on the other before it was cashed.

 Claimant Jackson admitted that he signed a written statement which stated that claimant Hayes came by his home and wanted him to cash
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a Santa Fe payroll check, anti they went tU d i,stchar shop on Mansfield Highway in Hayes car, and as they e:~te_re~i Lie store, Hayes gave him the check and he signed (Jacl;.san) J. i;. Bedford's name on the check and cashed it. lie further _tacou tint t:iey left the store, and he gave the money to Hayes who taQra gave him $100.00 for cashing the check.

 The evidence of record indicates that: =laimdr.t .(ayes was arrested and confeaaed his part in the criuie to :r.:::~=t_ve yennie Rollo of the Forest 'bills Police Department, Glai:aant Jackson also signed a. statement as to his involvement. :JVta:l.~.:t5 ;ollo testified that claimant Jackson admitted cashing the check, anal lie also voluntarily made a written statement eonceraii:;: hirr.._ti.viLi,~s in this regard.

 The evidence is clear and convincin, and Zstablishes beyond a doubt that the claimants were well aware t:iat they were perpetrating a crime, as well as violating the rules o= the Carrier. There is no justification for settin, tile discipifme :is3.uc.

 AWARD : Claim denied.

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                              ' .L i: `3s toil i-loore, Chairman


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                                OrZanization Lqqe~


                                Car m : am er


Dated February.28, 1983 At Chicago, Illinois