File No. MW-249


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Georgia, Southern and Florida Railway Company

 Statement
 of Claim: Claim on behalf of Lloyd Lee for reinstatement with
 seniority and other rights unimpaired, and pay for all
 time lost subsequent to 9/28/79; account dismissed for
 misappropriation of Carrier's property.

 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 October 17, 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, following an investigation, was advised that he had been found guilty on the charge of misappropriation of Southern Railway Company's property for his own personal gain.
 The Board finds that Claimant was accorded the due process to which entitled under his discipline rule. He was among other things capably represented, faced his accusers, participated in the trial and exercised his right of appeal.
 There was sufficient evidence adduced to support the conclusions reached by Carrier.
 The Board finds that there are circumstances which serve to mitigate the discipline. Claimant will therefore be returned to service with all rights unimpaired, but without any pay for time out of service, and be placed in a probationary status for a one year period. He will be permitted to return to any position below that of foreman.

 Award: Claim disposed of as per findihgs.
 Order: Carrier is directed to make this Award effective within
 thirty (30) days of date of issuance shown below.
                          -2- Award )lo. 11


                                  PLB #2556


A. Arnett, Employee ember 5. .~penski, arrier Member

                          ol~? lao~e_


                  rthur . Van Wart, Chairman and Neutral Member


                  Issued at Wilmington, Delaware, April 34, 1982.