PARTIES Brotherhood of Maintenance of Nay Empaoyees
 TO
 DISPUTE: - and
 New Jersey Transit Rail Operation, Inc.
 STATEMENT (a) Carrier violated Rule 26 and other provisions.
 OF
 CLAIM: of the Rules Agreement when it assessed discipline
 of five days suspension deferred and full restitution
 cost for stolen tools on Plumber Foreman M. Dapice
 aria Plumber Mechanic R. Schreiber on December 1, 1983.
 (b) Claimants.', records must be cleared of -the charges
 and compensated for all-time lost and any fines, fees
 or penalties they were required to pay.
 FINDINGS: On the morning in question, claimant Schreiber signed
 out a worm drive skill saw as well as a 1/2 inch
 electrical drill and an extension from the Material
 Clerk for the Newark 6&B Office. He and claimant
 Dapice then proceeded by truck to Brick Church Station
 where they had been instructed to make station repairs.
 At 9:55 a.m., Mr. Schreiber left the work site by
 train; he explained that he had just learned in a telephone conversa
 tion that his step-.son had sustained an injury. He gave Mr. Dapice
 ` - PLB No. 956 `
' Cases.9 and 10

    the truck keys and asked him to "take care of things."

    Foreman Dapice returned to Newark with the truck and discovered that the saw and drill were missing; his attempts to find them at the Brick Church Station area and elsewhere met without success.

    There is no question but that both claimants failed to ~xercise due care. It does not appear they they lacked the truck or kept it under ooservation when they left the vehicle while at the Brick Church location.

    While claimants' unblemished service records are quit impressive (Mr. Dapice with more than 30 years and Mr. Schreiber with over 4 years) and have been given considerable weight, we are satisfied that the five-day deferred suspension administered to each of them is not excessive in the circumstances of this case. On the other hand, there is no basis inapplicable rules or practices for including in the discipline monetary restitution of the missing tobls' depreciated value; that portion of the disciplinary action will be disallowed.


    AWARD: Claim denied as to the five-day deferred suspensions.

    Claim sustained as to tool value restitution. To

    be effective within 30 days

    Adopte at Plewark> N.J., January ~D2? 1985.

    i

    t

    ro d (d. 4Jeston, Chairman


      Carrier-Nember ' ~J .a Employee Member


                            - 2 -