Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7203
SECOND DIVISION Docket No.
6970
2-P&LE-BM-'
76
The Second Division consisted of the regular members and in
addition Referee Martin I. Rose when award was rendered.
System Federation No. 1, Railway Frnployes'
Department, A.
F.
of L. - C. I. 0.
(Boilermakers)
Parties to Dispute:
Dispute: Claim of Employes:
( Pittsburgh and Lake Erie Railroad Company
1. That Boilermaker, S. Snowden was improperly dismissed from service
following investigation held on February 14 and
18, 1975.
That accordingly the Carrier be ordered to reinstate the aforerpentii<Dned
Boilermaker to service with all seniority rights unimpaired, all ~pst
wages, Health and Welfare, Life Insurance, Vacation and $gliday pay
now in effect and any additional benefits that may be negotiated as a
result thereof until he is restored to service.
2.
The Second Division of the' Adjustment Board, upon the .whple~
xeGOril
`airitl'
x.11 the evidence, fends that:
The carrier or carriers and the employs or employes involved in tk4is
dispute are respectively carrier end employs within the meaning of the
Railway Labor Act as approved June 21,
~984.
This Division of t4e Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at liearing thereon.
As of February
4, 175,
Claimant was held out of service "due to being vin an
improper condition for work". He was notified to attend hearing on charges
of absence from his assigned duty station, "being observed ... in an unfit
condition for work", insubordination and other improper actions specifically
alleged therein. On the basis of findings, after the hearing, that he had
committed the offenses with which he was pharged, Claimant was dismissed from
service on March
4, 1975.
Petitioner contends that such findings and action of the Carrier are
untenable on the record.
We have examined the record with care and find that there is substantial
testimony which, if credited in preference to contradictory and conflicting
testimony, sustains the Carrier's determinations. It is well established that
in discipline cases this Board is not at liberty to weigh conflicting versions
_rl'orm 1
Page
Award No. 7203
Docket No. 6970
2-P&LE-BM-'76
of the incidents involved and determine credibility but must yield to the
carrier's findings if they are supported by credible, though undisputed evidence,
Accordingly, no valid basis appears for.disturbing Carrier's findings or
substituting our conclusions for that of the Carrier in the instant case.
A W A R D
Claim denied.
Attest:
Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
~maxletch - A
dministrative,As4is~tan£
Dated at Qhioago, Tl~inois,
this 4th day of January, x.977.