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                                          Case No. 70


      PARTIES Brotherhood of Maintenance of Way Employees

      TO and

      DISPUTE Atchison, Topeka and Santa Fe Railway Company

      STATEMENT "1. That the Carrier violated the Parties' Agreement when, as a

      OF CLAIM result of an investigation conducted July 28, 1981, they dismissed

      Machine Operator D. E. Lemon from service,-said dismissal being

      excessive and in violation of due process.

      2. That Claimant D. E. Lemon be reinstated to the service with

      seniority, vacation and all other rights unimpaired and, addi

      tionally, be compensated for loss of earnings suffered on account

      of Carrier's improper action."


      FINDINGS


      Upon the whole record, after hearing, the Board finds that the 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 was charged with alleged appropriation of Company property for personal use while employed as an independent machine operator. Following an investigation, Carrier found him guilty of the charges and dismissed him.


      A review of the investigation reveals that claimant had misappropriated for his own use a series of items which belonged to the Carrier. 'Chose items included a generator, a track jack, solvent, propane tanks and a gasoline can. The transcript reveals that claimant admitted possession of the items which belonged to the Carrier and had no ready reason for their possession as part of his apparent personal property. The Board finds that the evidence unequivocally supports Carrier's conclusion with respect to claimant's built of the charges. In view of the seriousness of the infraction involved herein, the penalty of dismissal was obviously appropriate. The claim must be denied.

AWARD
Claim denied.

 . P. armon, Carr ' r Member

 Chicago, Illinois December ~, 1983

 F. Foose, Employee Member