PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE: and
 Seaboard System Railroad (L & N RR)
 STATEMENT Claimant Charles Ghant shall be reinstated with
 OF
 CLAIM: seniority and all other rights unimpaired and
 compensated for all wage loss suffered.
 FINDINGS: The evidence, including claimant's own testimony,
 establishes that he took a company truck without
 authority and used it for a considerable number
 of hours before returning it to-Carrier. He was
 under the influence of alcohol, he admits, during
 much of that time.
 As a track repairman, there was no proper occasion
 for claimant to use the truck. That he needed it to meet his wife
 in connection with personal problems is not a persuasive excuse.
 Dismissal is not excessive discipline in these
 circumstances. In determining the measure of discipline, it was
 not inappropriate for.Carrier to consider the fact that claimant
 had previously, in 1979, been dismissed for insubordination and
 reinstated on a leniency basis. .

                                                            p .

.a /~ 3- ~wi7 tJ

      AWARD: Claim denied.


I

              . Adopted at Jacksonville, Florida, 6~ 198


Haro M. Weston, Chairman

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    Employe Member


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