ICG NO. 1484


PARTIES TO DISPUTE:

      Illinois Central Gulf Railroad Company


          and


      Brotherhood of Maintenance of Way Employees


                  STATEMENT OF CLAIM


          "(1) 'That Mr. G. Stringer, Jr. was 'improperly dismissed from the service of the Illinois Central Gulf Railroad.


          (2) That Mr.. Stringer be. reinstated with all rights unimpaired and paid for each day lost."


                    OPINION OF BOARD


On July 2, 1981 the Claimant was advised. to attend an Investigation on a charge of converting Company material. Subsequent to the Investigation the Employee was dismissed from service.

 A review of the record indicates that Carrier received an anonymous phone call concerning a possible break in of a box car on the Carrier's property. While investigating the phone call the. Claimant, who was off duty at the time, was discovered loading the trunk of his car with scrap copper from an open box car.

 Witnesses observed the Claimant place copper wire into the trunk of his. car. r

 At the Tnvesticlation.the Claimant admitted that he had no. permission to be on the Company property and that he saw the copper wire "lying out there and I started to load the stuff in my trunk and I was going to bring it back to 115th
 street and give it to my Foreman " n
                                              ~3~6 -- YD


Clearly the Carrier is not required to accept the Claimant's statement denying guilt when the facts and circumstances clearly show a contrary intention on the part of the Claimant. He was not able to offer any plausible excuse for being in the particular area nor are we required to accept the testimony that the Employee was going to returx~ the copper wire on a subsequent work day.

 It is not incumbent upon'a Board such as this to substitute its judgment for that of the Carrier in this type of a dispute. We will deny the claim.

                        FINDINGS


The Board, upon consideration of the entire record and all of the evidence finds:

 The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended-

 Thia Board has, jurisdiction over the dispute involved herein..

 The parties to said dispute. were given due and proper notice of hearing-thereon.
                      .


                        AWARD


      Claim denied.


                Jq, eph A. ick1

                Cnai~ and Neutra Member

              L/


J. Gfbbins Hugh G. Harper
 Car ier Member Organization Member

                  G~:~l~; /9~3

                        DATE