Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8913
 SECOND DIVISION Docket No. 9042
 2-C&NW-FO-'82
 The Second Division consisted of the regular members and in
 addition Referee Clarence H. Herrington when award was rendered.
Parties to Dispute:

Dispute: Claim of Employes:
    1. Under the current controlling Agreement, Mr. Ralph G. Pridgeon,

        Hostler Helper, Marshalltown, Iowa, was unjustly dealt with when

        suspended for a period of thirty days (September 16, 1979 through

        October 16, 1979) following hearing held on September 5, 1979.


    2. That accordingly, the Chicago and North Western Transportation Company

        be ordered to compensate Mr. Ralph G. Pridgeon for all time lost at the

        pro rata rate anal. the mark removed from his record.


F tnd in s

 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 waived right of appearance at hearing thereon.


The Claimant was employed as a laborer by the Carrier at its Marshalltown, Iowa, diesel shops on April 19, 1978. On August 10, 1979, the Claimant was directed to appear far an investigation on the following charge:

        "Your responsibility in connection with falsifying your time card for August 7, 1979, when you claimed 8 hours (11:00 PM to 7:00 AM) and were actually observed in the shower at approximately 6:45 AM while employed as a laborer on job 091 at Marshalltown Diesel Shop, Marshalltown, Iowa."


The Claimant testified at the investigation that approximately 1 hour prior to quitting time he spilled some diesel fuel on his leg. After about 30 minutes his skin became irritated and he took a shower. However, two of his fellow employes testified that they did not see any diesel fuel on the Claimant's clothing nor did they smell any on him.

 The Board is confronted with s sharp credibility conflict in testimony. However, the Board has consistently refused to determine the credibility of
 Form 1 Page 2

Award No 8913

Docket No. 90+2

2 -C&NW-FO-' 82


witnesses. The principle that the Board may not substitute its judgement for that of the Carrier when there is a conflicting testimony is well established.

 There is nothing contained in the record to suggest that the Carrier was arbitrary or capricious in assessing the penalty imposed, therefore, the Board will deny the claim.

 A W A R D

 Claim denied.

 Attest: Executive Secretary
 National Railroad Adjustment Board

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division


BY

    7A-


    R7 ie Brasch - Administrative Assistant


Dated cago,'I1linois, this 10th day of February, 1982,