PAREES Brotherhood of Maintenance of Way Employes.
 DI-9UTE: and
 Baltimore and Ohio Railway Company
 STATEMENT Claim of Foreman E. E. Rummer and Trackmen Ronald
 CLAM: D. Friend and R. D. Myers for reinstatement and
 pay lost because of dismissal.
 FINDINGS: Carrier's finding that claimants removed used ties
 from its property is supported by substantial and
 credible evidence. The ties were sold mostly to
 local nurseries at Foreman Rummer's direction.
 Myers and Friend assisted in loading and delivering
 the ties.
 Rummer testified that he sold the ties over a two-
 year period for about $900. He admitted that he knew it was not
 proper to load, unload and transport the ties during working hours
 and that he never requested permission to dispose of old ties. He
 testified further that he paid members of his crew for assisting
 the loading of ties into the truck and told them that "we are clear
 ing the right of way" when one employe refused to help load ties.
 It is clear that he realized that he was doing something wrong.
 PLB-2778 Award No. 21 2

 No basis is perceived for setting aside Carrier's decision to dismiss Foreman Rummer. The record discloses no prejudicial procedural. error.
 Myers and Friend were trackmen in a force headquartered at Marietta, Ohio. Rummer was foreman of that force. While Myers and Friend received money for ties they sold to a nursery and serious discipline is warranted in their cases, we are not satisfied that. this record clearly establishes that they were aware that what they were doing was dishonest and in flagrant violation of Company rules. Their foreman had indicated that it was not improper to dispose of old ties) in the area and there is no evidence that they had received contrary information from any other source.



AWARD: Claim of Foreman Rummer denied.
 Claimants Friend and Myers to be reinstated without - i
 back pay. To be effective within 30 days.
 Adopted at Baltimore, Md.,4'.~'u""`~YZ j 1984.

                      arolTM. eston, C a~h~rman


Carrier-lt-ember Employe Member