fARTlhS Brotherhood of Maintenanceof Way- I=mproves
 TO and
 I?ISF UTE Southern Pacific Transportation Company
 .... _ _ _ , ,.Western Ldnes) -

 STATI,~tlI-t_'..;'T ".1. That the Carrier- violated the- pravisians of Lho
 OF Ch=aIh: current Agreement when in letter dated Aoril C<<. -
 _. _._ __ 1986 1-r:. -dismissed - Track-- Welder Mr. W. f.
            Soradlin. jr. from its service on the-basis of

            unoroven charges saia action being inabuse o"

            discretion .


            ... Carrier shall now exonerate fir. Soradlin of all charges and reinstate him to has former position with the Corr ier wiUh senioritv and all other rights restored unimpaired and be comoensated for gill wage loss suffered.


FTNDiI5IGS -

Upon I.he whole re-cord, after hear.ina. the Board finds that. the parties herein are Carrier and Emotovees- within the meaning of the Railwav Labor Act.- as amended. and that--this-_ Board is duly constituted under Public Law 89-..486 and has iuri'sdiction of the parties and the subiect matter.


Claimant had been emploved by Carrier in ,1975 as a Carman and ;ub=eauentlv secured emolovment in the welding subdepartmcnt in Novemben of 1984. He was charged with selling used railroad toes w,+h,_t authorit~ in :9Q_rb and after am_ investigation held Qrn April 4.. 1986 was round 1_,o be ouiltv o'T selling this comonr`.

' auq-i i-

material without authorxtv, keeo.ina the munev-and was therefore dismissed. The evidence at the bearing indicates that Claimant sold 40 ties it December of 1985 and kept the money in violation of Carrier's rules.


An analvnis of -the record of this dispute reveals a confused
 state of the facts. There is no disagreement butthat the used
 railroad tie=; in Question were removed from the oroeertv of the
 Carrier anti with the assistance and indeed by Claimant in some
 cases. The issue in fact is whether Claimant. had permission and
 nooroval from Roadmaster Mahon for the removal of those ties. The
 record of the dispute is confuse-!d to out it mildlv. The story of
 the removal of the tic=s involves the trade of a ouarterhorse
 foal. a new infant, a airifriend and back -aavment -for chid
 support. The interlocking of these various factors apoarentlv
 caused Claimant to deliver ties to a ranch in erchanae - for -the
 auarterhorse foal which had been- »j.crchased by Mr. Mahon. the
 Roadmaster. as well as by aoparenLlv Claimant's girlfriend (the
 mother of new infant). There is no- doubt in the testimony but
 thAt the Roadmaster had authority to dispose of the used ties Up
 to a point in the course of this entire transaction. The Question

x. _; when and whether- the Roadmaster- iaformed Claimant that. the no, l·.unaer had 6utt"_r.it" to dispose of the tips and whether- .indeed

Claimant disoosed of an additional number of ties (4i,j subseauen_ 1-.o Wino informed by Mr. Mahon that he should not do so.

 i.lnr.a4elono the skein

 rco, t f,.tsinri tbnLL. U'li·_

 Claimant and Carrier. 7_n the course of the

 be

 af these
 Board
 At best.

 entire

 termed %mbiououx." it

 instructions to Claimant by

 transacticns is most-difficult.

 fuels stoparc>ntlv wa Carrier's position

 s

 The

 shared b,: both iri this matter

 i.nvestioat.ion and previous period

 .15 the )'.472 1
 the Roadmaster-

 r.rsderznxt.i= warYetv with resoe.rt. to duke. I Claimant was badlv in need of money

 f

 -d

 t

 's belief that
 were vaoue and of
 is also apparent

 or child support a °

 tame,. The conclusion reached by the Board .is that= the nenalt dismissal

 r7u.17 ty of

 _,.:o the cot.:.r.e

 .. a i' rtna a ties.

 was

 some misundprstandinq

 a loose Carrier procedure - For tho reasons indicated.

 mor.., ampl-t.-.pr.r.ate penalty should have been

 or

 t

 y

 can

 the

 a!1

 that

 _tne

 V' Y

 inappropriate in this case. Claimant was perhaps

 and perhaps willful

 for di=onsina of old it is believed that

 a long term suspension

 misconduct

 most. Therefore, Claimant shall be reinstated 1_o his Eorincerpo.>r_ion with .0.1 !^ic7hia unimpaired but without cornoc-nsation for time lo.=t which shall constitute the penalty for his infraction.
 QU3cl - l l7

 Carrier lyleqrber

 San Franciscoa=.Cal.ifornia

 Claim sustained in oart: Claimant shall be restored to his former position with all riahts Unimpaired but withoUrL compensation for time lost. Tide oeriod out of work: shall constitute a disCiplinarV suspen-sion.

 Carrier will comply with the Award herein within thirty <Uc>) days--f!-am-the date hereof.

 h1. Lieberman. Neutral-Chairman

 -e-,- _Foos __

C. F. e.2 ~

Employee I·lember.