(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: (Pacific Fruit Express Company

(a) The Pacific Fruit Express Company violated the current Clerks' Agreement between the parties when on March 16, 1971 it dismissed employe C. D. McJimsey from service based on charges not conclusively proved; and,

 (b) The Pacific Fruit Express Company shall now be required to reinstate Mr. McJimsey to service for all expense incurred which it would otherwise have borne if he had not been dismissed, for travel expense necessary in other employment; and for eight (8) hours' compensation at the pro rate rate of his position beginning on March 1, 1971 and continuing for each work day until restored to service with all rights unimpaired.

 OPINION OF BOARD: The thrust of the Organization's plea when this case was
 heard on the property was for an opportunity to rehabili
 tate the claimant and for leniency, The question of whether the claimant was
 in fact intoxicated on the day he was charged is not properly before the Board.
 In reviewing discipline eases this Board acts in an appellate capacity; it does
 not attempt to pass on the credibility of witnesses or the weight of the evidence.
 This Board has held that even where there is conflict between the testimony of
 the parties and there is a question raised as to whether or not the charges
 were proved beyond a reasonable doubt, that where the record made on the property
 contains substantial, competent and credible evidence to support the charges,
 the Carrier's decision as to degree of guilt and quantum of discipline should
 not be disturbed by this Board, absent affirmative proof that the Carrier acted
 in an arbitrary, capricious or vindictive way.

 In this case the record on the property delineates the efforts of the parties to rehabilitate the claimant and therefore is dispositive of any charge that the Carrier might have acted in an arbitrary, capricious or vindictive way.
 Award Number 1^79'
 Docket Uurber CL-19681

 Page 2

That the parties waived oral hearing;

 That the Co~-rier and tb·: 17-,cnloyes involved in this disptitc are respective?y Carrier and F3.ployc.e; within the rcaning of the Ptailwny Labor Act, as o;;,provcd June 21, 1934;

 That this Li:ision of the Adjustrc:at Board has jurisdiction over the dispute involved herein; and

 The Agreement has not been violated.

 The claim is denied.

 Lxecutive Secretary

 Dated at Chicago,_Illinois, this '7 s'

 NATIOML RAILROAD A1.1USi.::1a' B::ARD
 By Order of 72iird Division

 day o! t4-.y 1,."'