The Board, after hearing upon the whole record and all evidence, finds that the parties herein are carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
Claimant Newton was dismissed from service January 20, 1986 following a formal investigation held on January 14, 1986 on charges that he had engaged in offduty, off-property criminal conduct which is proscribed by Carrier's General Rules.
In all the facts and circumstances, the Board finds that Claimant was afforded a fair and impartial hearing; that the Carrier's conclusions as to Claimant's guilt were founded in substantial record evidence; and that the discipline assessed - dismissal from service - was neither arbitrary, capricious nor excessive in light of Claimant's prior record of being disciplined twice within three months for dishonesty. The Board finds no basis herein upon which to disturb Carrier's assessment of discipline. Accordingly, the claim must be denied.