-Docket No. MW-200


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Southern Railway Company
 Statement
 of Claim: Claim on behalf of 0. J. Hunt for reinstatement with pay
 for removing five new cross ties from right of way without
 permission on June 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 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 and his brother-in-law. were observed, by two on duty employees, loading ties into a trailer being pulled by a van in Carrier's Monroe yard on June 16, 1979. After Claimant's van left the yard it was stopped by the General Yardmaster who ascertained who the two individuals were. When advised that they had permission to remove the ties the General Yardmaster checked with the Track Supervisor who denied that he gave any such permission. The police were thereupon called. Claimant and his brother-in-law were arrested.
 A formal investigation was held on the charge of removing five (5) ties from Carrier's right of way. As a result of such investigation, Claimant was advised, under date of July 31, 1979, in part pertinent: "You later testified that Mr. Hodge had not given you permission to get the ties.

        You testified that you made a mistake and acknowledged that you took the ties without permission.


        You did admit to the charges of taking on ties without permission.

                          -2- Award No. 6


        In view of the fact that you did remove five (5) new ties from Southern Railway property without permission you are herewith discharged from service on the Southern Railway."

    Claimant was accorded a fair hearing.

There was sufficient competent and credible evidence adduced, including Claimant's admission, to support the conclusion that he was guilty as charged.
 In light of the offense, Claimant's record and short period of service we find no cause in this record to substitute our judgement for that of Carrier. The claim will be denied.

 Award: Claim denied.

 G/-.Cy ~ w.r.~.'
 A. D. Arnett, Employee Member R. S/ Spenski, Carrier Member

          /,/",_Z~. 5~4/

            Thur T. Van Wart, Chairman

            and Neutral Member


              Issued at Wilmington, Delaware, April 18, 1981.