(2) Claim in behalf of Mr. Hamilton for wage loss suffered beginning May 29, 1991, until reinstated with seniority, vacation and all other rights unimpaired.

Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board for that purpose.

The Claimant, Track Foreman L. B. Hamilton, had 23 years of service and on May 29, 1991 was notified to attend a formal investigation on the charge:

"May 7, 1991 it was alleged you appropriated Company property for your personal use by your unauthorized removal of hot mix asphalt from the job site at Homestead Drive and LA. Hwy 1 crossing at Mile Post 86.50, Alexandria Subdivision, and brought to your personal residence at 6772 S. River Road, Brusly, LA., while you were working as Track Foreman on Gang 1740."

The Carrier concluded therefrom that Claimant was culpable and he was dismissed from service as discipline therefor.

The Claimant was accorded the due process to which entitled under Rule 12.

There was sufficient evidence- adduced, including the admissions of Claimant, to support the Carrier's conclusion as to his culpability.

However, there are mitigating circumstances that permit the Board to modify the discipline imposed. Claimant will be returned to service without any pay for the time out of service with all rights unimpaired and thereafter placed in a one year probationary status. His time out of service

Order: Carrier is requested to make this Award effective within thirty (30) days of date of issuance shown below.

a. /

Arthur T. an. art, airman

andNeutral Member

Issued November 28, 1992.