RART'MO ) UNTMED TRAWSPOPTATTIOU %TNTON (S)
 1 TO
 DZSPTTZFE ~n ) PACIFIC

STA~`y'EN'.EZ~S OF C?.;- o (SU-7.200 1918-L159-71)

 Claim one (1) day at pro rata rate in favor of El Paso Switchman V. Go I-Settler for attending investigation on November 24; 1970 and claim for all time lost from . November 30, 3.970 until reinstated with seniority unimpaired and vacation and all otherr rights restored.

 r1NDTI%TGSs This Public Taw Board No. 716 finds that the parties herein
 are Carrier and Bmployee within to meaning of the Railway
 Labor Act, as amended, and that the Board has jurisdiction.

 Any alleged laches in invoking disciplinary proceedings against Claimant, and convening the investigation contemplated by Rule 94, did not begin to accrue until a ruling was had on the charges on which Claimant -was arrested. Only then could it be ascertained, with any degree of certainty, whether or not disciplinary action was indicated.

 The record shows that in the United States District Court, for the Westezn District of Texas, on November 6, 1970, Claimant pleaded guilty to having stolen propez"cy in his possession, and he received a suspended sentence of one year i~nprzsonm*rt, and placed on five years probation.

 The holding of an investigation by carrier on November 24, 1970, concerning the criminal charges or which Claimant had been convicted, did not constitute an unreasonable delay in ta?cing disciplinary action.,;

 In the bastant circumstances, Claimant;s dismissal from service, being consistent with the pc?rpor'c o£ Operating Rules 801 and 804, cannot be deemed unjustified.
 Y.L,=Do No. 716 -2= ACVZARD PIa% 3


~'-'GM RD s Claim. din iE:3 0

                                Public Taw BUard T~7p g_ 716


                            /xL,&~j aroln1-1 Gilden,

                            Harold M. Gilden, Chairman


                            \1 ..

                            /Jdphn B. Cropper, Ityabloyes Member


                              R. Lunninc.ham, Carrier tSafer


a
 Youston, Texas
 December 14, 1971