parties herein are Carrier- and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

Claimant herein was charged with taking Company gasoline for personal use on October 25, 19B5. Following investigation, he was found to be guilty of the charges by Carrier and was dismissed.

The record indicates that Carrier's special agent had received information that Claimant herein had been taking Carrier's gasoline for his personal use. As a result, he staked out the

area where the Company's gasoline tank was located. He testified in the investigation that he saw Claimant take a five-gallon can

and place it in-the trunk. of his car and strive to leave the property, at which point he was stopped by the special agent. These facts are admitted by Claimant, according to the record of the investigation.

The Claimant in this instance was properly charged and an investigation was held in which there were appropriate procedures employed. Claimant was found guilty by virtue of substantial evidence adduced at that hearing. Carrier was within its rights under those circumstances to dismiss the employee for his misappropriation of Company property. This is an offense which cannot be tolerated by any employer.