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.



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



          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.