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        PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

        TO )

        DISPUTE ) BURLINGTON NORTHERN RAILROAD COMPANY


        STATEMENT OF CLAIM


            (1) The dismissal of Grinder Operator C. R Silva for alleged violation

                of Burlington Northern Railroad Company Rules 500(6), 506 and

                502(6) of the Rules of the Maintenance of Way Department for

                alleged unauthorized use of Burlington Northern credit card was

                unwarranted and excessive (System File Weld/Gr. 10 DI - C. R.

                Silva)

            (2) Mr. Silva shall be reinstated with seniority and all other rights

                unimpaired, his record cleared of the charges leveled against him

                and he shall be compensated for all wage loss suffered.


        OPINION OF BOARD


            As a result of charges dated October 22, 1984, investigation held on October 29,

        1984 and by letter dated November 12, 1984, Claimant, a grinder operator employed since

        September 5, 1978, was dismissed from service for unauthorized use of a Carrier credit

        card.

            On October 13, 1984, Claimant removed a Carrier credit card from a Carrier vehicle

        and used that card on October 14, 1984 to purchase gasoline for his own personal vehicle.

        Claimant admitted that he was not authorized to remove or use the card as he did.

        According to Claimant:

            Q. Mr. Silva on October 13, 1984, did you take a Burlington Northern

                Credit Card from Vehicle #7751?

            A. Uh, yes, I did. And I took it out and put in in my pocket.


            Q. Mr. Silva, did you then, on October 14, 1984, put gasoline into

                your car?

            A. Yes, I did. ~_" ~i i ~;:-r~

            Q. What did you use to pay for the fuel? "1 ' '


                                              'J. r" ;, (~. ,_

PLB 4402, Award 4 Page 2

 A. The BN Credit Card that I had in my pocket.

 Q. Mr. Silva, did you have proper authority to use the credit card?
 A. No, I didn't.
 The cited rules prohibit theft and use of the Carrier's credit without authorization.
 Claimant admittedly violated those rules. Substantial evidence shows that Claimant clearly
 intended to take the credit card from a Carrier vehicle and use that card for his own personal
 use without authorization. We find no mitigating circumstances in this record to conclude
 that dismissal was arbitrary or capricious.
 AWARD
 Claim denied.

E. J. Kallinen

Carrier Member


Denver, Colorado
 December 7, 1988

 Edwin I-L Berm
 Neutral Member

 7
            Y

F. S. Swanson
 Organization Member

      V


jars - A 1989

 Office-