The Second Division consisted of the regular members and in

addition Referee Howard A. Johnson when award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'

DEPARTMENT, A. F. of L.-C. I. O. (Carmen)










EMPLOYES STATEMENT OF FACTS: Carman C. E. Cassady, hereinafter referred to as the claimant, employed by the Southern Railway Co., hereinafter referred to as the carrier, at Atlanta, Georgia was taken out of service and charged with failure to properly service journal boxes on Car ATSF 31365 April 23, 1960.

On April 25, 1960 Carrier's Master Mechanic L. S. Presson, Jr. addressed the following letter to the Claimant:



    REGISTERED -SPECIAL DELIVERY


    Mr. C. E. Cassady 2032 Belten Drive NW,Apt.2 Atlanta, Georgia.


    Dear Sir:


    On April 23, 1960, a preliminary investigation leas held concerning charges against you of failure to properly service journal


                  [44]

4225-17 60

assigned duties and assuming his responsibilities. There is clearly not any basis for the demand here made that he be paid for time lost.


    (c) The principles of prior Board awards fully support carrier's action.


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.


    Parties to said dispute were given due notice of hearing thereon.


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.


                  AWARD


    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


              ATTEST : Harry J. Sassaman

              Executive Secretary


Dated at Chicago, Illinois, this 17th day of June, 1963.