PAR~_ Brotherhood of Maintenance.of Way Employees
 DISP*UTE: and _;
 Seaboard System Railroad
 STATFTEMENT Appeal from dismissals of Trackmen C. E. Mitchell
 CLAM: (Case No. 25) and R. E. High (Case No. 26) and claims
 for their reinstatement with seniority and all other
 rights unimpaired and compensation for all wage loss.
 FINDINGS: Claimants were di'smissed for appropriating gasoline
 belonging to Carrier. While investigating reports
 of gasoline theft, Inspector Lunsford of Carrier's
 Police Department, observed a T&S gang's fuel truck
 parked at the gang's campsite near an automobile and
 an individual standing nearby. A few minutes later
 left the campsite and the said individual climbed
 into the automobile and followed the truck.
 After traveling 2 1/2 miles, the truck and automobile
 turned off the road and parked near a church. According to Inspector
 Lunsford's testimony, a man then knelt behind the automobile with the
 hose from the fuel truck in his hands and the nozzle in the gas tank
 filter; the other individual stood nearby. `
 - 2

 Mr. Lunsford approached the individuals and asked them what they were doing. He testified th'at the individual kneeling behind the automobile identified himself as Robert High (the claimant herein) and admitted that the automobile, a 1975-Cadillac, belonged to him. The other individual was the second claimant, Charles Mitchell.
 Claimant High testified at the hearing that he removed gasoline-from the Company truck into his own personal automobile on the day in question. He testified that he drove the truck and Claimant Mitchell drove High's car following the truck and stood next to the car while High was taking the gasoline from the truck. High-also admitted, in the course of his testimony, that he previously took Company gas for his own car three or four times.
 - Petitioner points to claimants' long service (High
 with 12 years 8 months and Mitchell,with 11 years) and contends that
 the "supreme penalty" of dismissal represents excessive punishment.
 It maintains that there was no intention to be dishonest but only, on
 the part of High, to get something for the time and expense he incurred
 in the performance of his duty.
 Carrier has every right to expect that it can rely on the integrity and cooperation of its employees. In the present case, both claimants have breached that trust and shown that they cannot be relied on to protect Carrier's interests when,they are not being closely watched. There is no ground whatever for reversing Carrier's decision to dismiss High, who actually performed the act of taking the gasoline, and Mitchell, who cooperated with High and was aware of what.was transpiring at all.material times.
                                      Award No. 13

                                      Cases 25 and·26


AWARD:.- Claims denied.

              Adopted at Jacksonville, Florida, -:~O) 1985.


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                    ~~_~_lc~ CI~G


                    Haro M. eston, Chairman


,Employee Membe