ERIE LI:CIQ.WANNI: RAILWLY C0is'!.NY


ST~TEMENP OF CU1M:
            1. The Carrier improperly and unfairly dismissed Trackman Ecil Ludwig from the Carriers service effective Lpril 16, 1964.


            2. The Carrier shall now reinstate Clairant Neil Ludwig to his forger position with this Carrier.


FINDINGS: Claimant was dismissed from Carrier's service for theft of some paper
 napkins. He had boon returned frov:furlough to assist as a traclsan at -
 a derailment and while at work on the morning following his return to
 duty, picked up paper napkins that heal fallen frog: one of the derailed cars and
 were lying in the snow. He denied at the hearing that he had intended to bring
 the napkins home but did sign a stat'eneut-9. in the presence of Carrier patrolren,
 that he "intended to take one box of napkins home." None o= the patrolmen was
 called upon to testify.

        While the theft of even a siaall quantity of property ray be serious

enough to justify dismissal in ran appropriate situation, the record before us in
 the present case is not sufficiently strong to warrant such extrene discipline,
 though all duo regard is given management Is perogatives in discipline and leniency
 cases. The evidence does not establish to our satisfaction that Claimant is r -
 dishonest employe who cannot be relied upon by his superiors. We will sustain this
 claim for reinstatement.

 AWARD: Cleir-, for reinstatement sustained.
      Dated at Now York, N.Y., this 29th day of October 1968.


                - /s/Harold M. Weston

                    HGROLD Ti. WESTON, Neutral


!s/:., J. Cunninghan ,/s/R. l Ca rroll
    EVPLOYE iaaIMER CARRIER NM.MER