Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Illinois Central Gulf Railroad
 Statement
 of Claim: Claimant was not afforded a fair. and impartial hearing as is
 required under the Discipline Rule of the scheduled agreement.
 The dismissal of Track Foreman R. D. Cline was without just
 and sufficient cause and wholly disproportionate with the
 alleged charge. Claimant Cline shall be compensated for
 all time lost, shall have all his seniority rights and other
 rights returned unimpaired.
 Findings: The Board, after hearing upon the whole record and all evidence,
 finds that the parties herein are Carrier and Employee within the meaning
 of the. Railway Labor Act, as amended, that this Board is duly constituted
 by Agreement dated January 23, 1978, that it has jurisdiction of the
 parties and the subject matter, and that the parties were given due
 notice of the hearing held.
 Cl aimant was sent notice, on December 13, 1977, requesting that
 he attend a formal investigation on December 19, 1977 to determine the
 facts and his responsibility, if any, for the unauthorized removal of
 company gasoline from company property at Champagne, Illinois on
 December 14, 1977 at approximately 4:10 p.m.
 As a result of the investigation finally held on December 19th
 it was determined that Claims-t had violated Maintenance of Way Rule I
 when he removed company gasoline from company property without authorization
 on December 14, 1977. Therefore, in light of the seriousness of the
 offense and the Claimant's poor past record, the discipline assessed
 was dismissal from the service of the company effective December 22, 1977.
 The Board finds that Claimant was accorded a fair hearing.
 There was sufficient evidence adduced to support the conclusion
 reached by Carrier as to Claimant's culpability. He was observed by
 several Carrier witnesses removing the gasoline in question and placing
            - -2- Award No. 24 -~a'


same in two five gallon cans, is his car and concealing them. Maintenance of Way Rule I reads: "Employees are prohibited from the unauthorized use, removal, disposal, or sale of any tools, materials, vehicles, or equipment from railroad property, or property served by the railroad ...."
 In the circumstances, we find that the discipline assessed to be reasonable. The record reflects that Claimant was previously dismissed from service after having been found guilty of theft of company gasoline and was dismissed March 15, 1976 and had been restored to service on a leniency basis on July 1, 1976. The claim will be denied.

 Award: Claim denied.

    P. Paloni, Employee Member M. . Hag , Carrier Member


                    thur T. Van wart, Chairman and Neutral Member


                    Issued at Falmouth, Massachusetts, September 26, 1979.