PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD OF MAINTENANCE OF TAW' EMPLOYES

 STATEI·IENT OF CLAI11I: That the Carrier's decision of June 15, 1984 to ismiss Trackman Gary L. Moore from its service was without just and sufficient cause and in violation of the current Agreement: That the Carrier now be required to reinstate Mr. Gary L. Moore to his former-position with seniority and all other rights restored unimpaired and with compensation for all wage loss suffered.

 FINDINGS: This Public Law Board No. 1582 finds that the nart-ies ne' rein are Carrier and employee within the meaning of the Railway Labor pact, as amended, and that this Board has jurisdiction.

 Tn this dispute the ;:1 si=pant was employed as a trackman in 1974. The clainan_ was notified to attend an investi---ation by latter dated June 6, 1984. Tile investigation w=as hel.i June 15, 1984 in Emporia, Kansas, to determine the facts and responsibilit-_, in connection with the --laimant's allegedly taking. a section trucl. at 14elvern, Kansas, for his personal use or. Sunday and Monday, May 27 and 28, 1984. 'fhe investigation was held as scheduled and pursuant to the investi,ation the claimant was found gull-y and dismissed from the service of the Carrier.

 The claimant admitted he appropriated section truck AT 331,'3 =or his personal use on Sun·1ay an-_1 Monday, May 27 and 28, 1984. '_:Ze claimant admitted he did not have anyone's permission to .:se t:ie truck.. The claimant was going to take the truck to his home to help take the camper off tae truck. He became stuck in a ditch before he reached his home.

 A Special Agent for the Carrier was called in to investigate the missing truck on Tuesday, the 29th of May, 1984. The Traclc Supervisor advised hits that someone had apparently taken a section truck during Memorial Day weekend and returned it, but it 'lad beer. abused. He stated the truck had been stuck to the extent that the side boxes were full of mud and water, the log c`.:ains covered with mud and thrown back in the storage compartment, the boom was covered with mud, and the boom had apparently been used since it had two hydraulic leaks in it. The tru,:k had two tanks of gas. One tank was full and the other was half full. The one that had been half full was almost empty.

 T:.e Special Aaent investigated and determined lie should question
 PLB - 1582 Award 322
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the claimant, who at first told him he didn't know what he wanted to talk to him about, but then stated, "You want to talk about the truck, don't you?" Ha testified the claimant firs started to tell him he had been asked to get the truck unstuck, but than told him he had intended to borrow the truck on Sunday evening and use it to remove an 18.14' camper from his truck at his home in Quenemo. The Special Agent stated he asked the claima:it t_:at if he had asked the Carrier to use the truck would they have tat huh and he answered, "I know there is no way they would let me.''

 Me clai_aant testified he did not arive the truck very iar, b;.z used quite a bit of -as trying to get it unstuck, and that they used the boom trying to winch the truck out. _:e stated the ciiaizs "drug" on the road. Under the circumstances, there is no justification for overruling the decision of the Carrier.


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 Date at Chicaq,,o Illinois
 August19.1985