Form 1

Part ies to Dispute:.

Dis'qate: Claim of L'znployes:

NATIONAL RAILROAD ADJTISTI= BOARD Award No. 7931
SECOND DIVISION Docket No. 784-I-
2-C&Nt4-CM-' 79

The Second Division consisted of the regular members and in addition Referee Irwin M. Lieberman when award was rendered.

( System Federation No. 76, Railway EYnployes'
( Department, A. F, of L, - C. I. 0.
( (Carman)

( Chicago and North Western Transportation Company

1. Coach Cleaner Albert Reed w-as unjustly assessed fifteen (15)

days deferred suspension on May 24, 1877.

2,

Coach Cleaner Albert Reed v;as erroneously charged with failure to protect his assigzBnent on April lg, 1877.

3. That the Chicago and North Western Transportation Company be

ordered to rescind the fifteen (15) days deferred suspension and remove sw.~ze fray, Coach Cleaner Albert Reed's record,, in accordance with Pt11.e 35.

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 enploye within the meaning of the
Railway Labor Act as aggro ~-ed June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant was charged with failing to notify Carrier of his absence fox April Ig, 1977. Following an investigation C1a.irva.nt was assessed a fifteen day deferred suspension.

There is no question but that Claimant failed to protect his assig:vzent on April 19th. He claimed, however, that he telephoned that n.orning and talked to Clerk. Yiendrixon, thus protecting his status, since his reason for absence eras a physical disability. Clerk Hendrixon testified that he had no recollection oz" any conversation with Clasxnant on the day in question. Further, the call-in record book has no indication that Claimant called in on April 19th.
Form 1 Award No. 7931
Page 2 Docket No. 78+4
2-Ca1Z,r-CM- '79

The crux of this dispute is a credibility finding with respect to the alleged phone call by Claimant on the date in -_,,uestion. It is evident that the investigating officer did not credit Claimant's testimony but rather believed Clerk Hendrixon and the lack of record i n the call-in book. It is well established that docum.entat:ion is not ,required for the principle that Boards such as this cannot make credibi lity findings; that task is solely within the pezogative of the investigating officer. Under the circumstances it is evident that the record sup boxts Carrier's conclusion that Clairzv.nt eras guilty as charged. Further the fifteen d_j,;~Ts deferred suspension, as the penalty, cannot be deemed arbitrary or unreasonable. The claim must be denied.

A W A R D

Claim denied.

NATIONAL RAIT~ROAD ADJUSTI-TE~NT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

BY Qr C'-.-s-,.~- _~:.
c.._.---5o emarie Bxasch - Aclrninistrative Assistant

Dated a Chicago, Illinois, this 16th day of May, 19790