The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
assigned duties and assuming his responsibilities. There is clearly not any basis for the demand here made that he be paid for time lost.
The Board, being guided by the evidence of record and the principles of its prior awards, cannot do other than make a denial award. It cannot substitute its judgment for that of carrier.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The evidence at the hearing was sufficient to sustain the action taken. There was evidence that after claimant had completed his work the cars were moved some thirty-five car lengths to the south before the pads were found out of place in the south part of the journal boxes. There is no evidence of any rough car movement during this period.
It may perhaps be possible that such shifting of pads in the direction in which the car was moving might have been caused by the car movement, and that such movement might have affected only the four pads on claimant's side of the car, leaving those on the other side in perfect position; but that possibility is certainly not so strong that the hearing officer can be considered arbitrary, capricious, or in exercise of bias, prejudice or abuse of discretion for believing otherwise. Consequently, even if this Board were to weigh the evidence and determine preponderance the claim must be denied.