PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT Appeal by Melvin Bryner from Carrier's decision
 -- _
 CLAIM: of July 2, 1983 to dismiss him for unauthorized
 "possession, removal or disposal" of railroad
 ties.
 FINDINGS: There is substantial evidence in the record that
 claimant and two other men were observed loading
 railroad ties into two pickup trucks and remov
 ing ties from the railroad bed. One truck con
 tained 30 ties while the other had 19 ties in
 it. The men had not obtained the required
 authorization for railroad ties removal.
 Claimant testified that he had been asked by
 John Pahls, a foreman's brother, to help load the ties; Pahls told
 claimant that he had permission to take them.
 Removal of ties without proper authorization
 is a serious offense. However, in the light of claimant's eight
 years of unblemished service and his forthright attitude, we will
 Award No. 27 Case No. 34

 direct Carrier to reinstate him, but without back pay.

 AWARD:

 Claimant reinstated with seniority rights unimpaired but without back pay. To be effective within 15 days.

 Adopted at Philadelphia, Pa., October 4, 1984.
 ^v
 ' t
 Haro d~ . Weston, Chairman

 rrier M er

 Employee Member