STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
OPINION OF BOARD: This claim involves the dismissal of an employe from the service of the Carrier. The Organization alleges that the testimony at the investigation did not support the charge against the employe as made in the letter of July 22, 1947, by the Division Engineer. However, at the investigation of the dismissal on August 2, 1947, the dismissal was stated to be "for takng without authority, and, having in his possession certain food stuff or other commissary supplies from the Dining Car Department of Extra Gang No. 2, and shipment of food stuff, or other commissary supplies from Gang No. 2, for his own use and without proper authority." No objection was made to the altered charge.
Consideration of the record clearly shows the truth of such charges except that the employe denied shipping any such articles or using them himself. Thus whether the whole charge was established is dependent upon the acceptance of his testimony or that of the Inspector who found the articles. Careful consideration of the whole record indicates that there are and were substantial reasons for accepting the Inspector's testimony as truthful. Under such circumstances we should not alter the decision of the official who conducted the investigation. We should not usurp the Carrier's responsibility in discipline cases where there is substantial evidence to support the charge.
FINDINGS: The Third Division of the Adjustment Board upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 27, 1934;