PUBLIC LAW BOARD No. 2444
   
Award 
No. 32
   
Case No. 45
   
Docket 
No. MW 80-33
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Southern Pacific Transportation Company
  
(Texas and Louisiana Lines)
Statement 1. Carrier violated the effective Agreement when Machine
of Operator Michael Pate was unjustly dismissed by letter
Claim dated December 
6, 1979.
2. Claimant Pate shall now be reinstated to his former
position with pay for all time lost, seniority, vacation
and all other rights 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 July 
19, 1979, 
that it has jurisdiction
 
of the parties and the subject matter, and that the
 
parties were given due notice of the hearing held.
 
Claimant, a Machiaer Operator on Extra Gang 50, was
 
notified under date of December 
6, 1979 
by the Regional
 
Maintenance of Way Manager, as follows:
  
"You are dismissed from the service of the
  
Southern Pacific Transportation Company for
  
your unauthorized removal of company property,
  
which is in violation of Rule 
801 
of the General
  
Rules and Regulations of the General Notice
  
effective April 
1, 1978, 
on the Southern Pacific
  
Transportation Company which reads in part
  
as follows:
   
'801. Employees will not be retained
in service who are ...dishonest..."
Award No. 32
Page 2
A hearing was requested and granted and ultimately held
January 8, 1980. As a result thereof Claimant was notified
that the Carrier's position stated in its letter of
December 6, 1979 was sustained.
There was sufficient evidence adduced at the investigation,
including the testimony of Claimant, to support the
conclusion reached by Carrier as to his culpability.
We find nothing in the record to cause a change in the
discipline assessed. As pointed out in Public Law Board
No. 1925, on this property,
"Honesty is a necessary requisite of the
employment relationship."
This Claim will be denied.
Award claim denied.
M. A. Christie, Employee Member C. B. Goyne, Carrier Member
. CC~ ~  r
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, April 16, 1981.