PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations Inc.
 STATEMENT The dismissal of D. Sawchuk was excessive, im
 OF
 CLAIM: proper, violated Rule 26 and denied him a fair
 appeal. He should be returned to service with
 seniority and all other rights unimpaired and
 compensated for wage loss as a result of his
 dismissal.
 FINDINGS: It is undisputed that claimant siphoned gas from
 a Carrier bus parked on Company property at about
 00.58 a.m. and appropriated it for his own use.
 He had no authority to be in that area at that
 time.
 After a hearing was held in the matter on due
 notice, claimant was dismissed for appropriating Company property.
 Claimant has not denied the critical facts and, although we rec
 ognize his forthrightness, we find no basis for substituting our
 judgment for that of Carrier in this matter. The fact that claim
 ant was going through a difficult emotional period at the time
 in question does not provide a valid ground for compelling Carrier
 to restore claimant to its service.
 SBA - 956
 Award No. 12 2

 Because he was promoted while the appeal was being progressed from Manager to Director of Labor Relations, James Baker attended appeals meeting in each capacity. No objection was raised at that time and in any event we do not find that the point amounts to reversible error. The facts of the case are undisputed.
 It was appropriate for Carrier to take claimant's prior discipline record into consideration in determining the measure of discipline. That record shows that he had been previously suspended for 30, 45 and 60 days respectively for three rules infractions.
 No prejudicial defect is disclosed by the record and this claim will be denied.

 AWARD: Claim denied.




                  Ha 'ld M. West on, Chairman


    Carrier Member Employee Member

                                    Award No. 12 Case No. 13


                Special Board of Adjustment No. 956


PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations Inc.
 STATEMENT The dismissal of D. Sawchuk was excessive, im
 OF
 CLAIM: proper, violated Rule 26 and denied him a fair
 appeal. He should be returned to service with
 seniority and all other rights unimpaired and
 compensated for wage loss as a result of his
 dismissal.
 FINDINGS: It is undisputed that claimant siphoned gas from
 a Carrier bus parked on Company property at about
 00.58 a.m. and appropriated it for his own use.
 He had no authority to be in that area at that
 time.
 After a hearing was held in the matter on due
 notice, claimant was dismissed for appropriating Company property.
 Claimant has not denied the critical facts and, although we rec
 ognize his forthrightness, we find no basis for substituting our
 judgment for that of Carrier in this matter. The fact that claim
 ant was going through a difficult emotional period at the time
 in question does not provide a valid ground for compelling Carrier
 to restore claimant to its service.
 SBA - 956
 Award No. 12

 Because he was promoted while the appeal was being progressed from Manager to Director of Labor Relations, James

 Baker attended appeals meeting in each capacity.

 raised. at that time and

 amounts to reversible

 No objection was

 in any event we do not find that the point

 error. The facts of the case are undisputed.

 Ft was appropriate for Carrier to take claimant's prior discipline record into consideration in determining the measure of discipline. That record shows that 'he had been previously suspended for 30, 45 and 60 days respectively for three rules infractions.
 No prejudicial defect is disclosed by the record and this claim will be denied.

 AWARD:

 Carrier Member

 Claim denied.

 Adopted at Newark, N. J.,

 on, Chairman

      t

      Employee Member