Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute- Southern~Railway Company

 Statement
 of Claim: Claim on behalf of former Track Laborer Monroe
 Allen asking that he be restored to service with
 seniority and other rights unimpaired and that he
 be paid for all time lost as a result of his
 dismissal on November 13, 1981 for stealing
 gasoline from a company truck.

 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 Track Laborer was observed by two Carrier police officers, on November 2, 1981 at approximately 6:45 PM, siphoning gasoline from a company truck and thereafter transferring gasoline into his own personal vehicle.
 As a result Claimant was notified to attend a formal investigation on the charge of stealing gasoline from a company truck. Following the investigation held on November 12, 1981, Claimant was notified, November 13, 1981, that Carrier had concluded him guilty as charged. He was dismissed from service as discipline therefor.
 There were no procedural deficiencies barring a review on the case on its merits. Here, there was refreshing candor reflected by Claimant's admission of guilt. At all times when observed, when apprehended, or at the investigation Claimant admitted that he had taken the gas. Unfortunately, his admission of guilt leaves nothing for the Board to
                          -2- Award No. 31


review except the degree of discipline. As noted in NRAB Second Division Award No. 8762 (Carter), on this property:

        "It is a generally accepted tenant in the railroad industry that dishonesty is a dismissable offense. There is no proper basis for this Board to interfere with the discipline imposed by the Carrier."


Therefore,- the claim must be presumed to be that of leniency which is an act of discretion and a discretionary right of Carrier. In the circumstances, a denial award will serve as well as a dismissal.

 Award: Claim denied.

 Bryte Hal , Employee Me dr D. N.. Ray, Carrier Membe

                  A?tttur T. Van Wart, Chairman and Neutral Member


                  Issued September 10, 1983.