PARTIES) Atchison, Topeka and Santa Fe Railway Company TO ) DISPUTE) Brotherhood of Maintenance of Way Employes

 STATEIIE:IT OF CLAIM: That the Carrier's decision to dismiss
 Mr. Gary L. rloore on June 15, 1984 was in violation of the
 Agreement, without just and sufficient cause and on the basis
 of unproven charges; The Carrier shall now be renuired to
 reinstate !It:. Gary L. Moore with seniority and alf other rights
 unimpaired and he shall be compensated for all wage loss suffered.

 FINDINGS: This Public Law Board No. 1532 finds that the Darties erein are Carrier and employee within the meaning of the lai1way Labor Act, as amended, and that this Board has jurisdiction.

 In this nispute tine claimant was employed as a traclman in 1974. y date of June 6, 1984 the Carrier notified the .-Iai:nant to attend a formal investigation on June 15, 19.:4. The Lnvestigation was held as scheduled. The claimant appeared for the investigation and waived representation. The claimant was dismissed from th 2 service of the Carrier for appropriating two five-gallon gas cans, one acetylene bottle and one o::ySe:1 bottle. On August 6, 1.984 the Organization filed a claim for reinstatement of the claimant. That claim is ,how before the Board for determination.

 The Organization alleges that prior to the hearing the claimant was led to believe that the hearing was just a formality which in all probability would result in a suspension. A Spec=a1 Agent for the Carrier testified that he was taming to the claimant regarding another incident when the claimant mentioned he had a gas can which belonged to the Carrier and when asked if he had anything else, he said he did and would be glad to take the Agent to his house and return anything he mi.ht have.

 The claimant produced two five-gallon gas cans, an oxygen bottle and an acetylene bottle which he said he had been using but which belonged to the Carrier. The evidence establishes that the claimant voluntarily told the Special Agent that lie had Carrier property. He was not being searched and apparently was not being*questioned regarding possession of Carrier property.

 Under the circumstances, permanent dismissal is too severe. Tile Carrier is directed to reinstate the claimant with seniority and all other rights but without pay for time lost.

A WARD: Claiu sustaiaad as ; er above.

 ORDER: The Carrier is directed to comply with this award witaiz. t.~y days from the date of this. a;-Iard-



Dated at Chicago, Illinois August 19,1985