{Brotherhood of Maintenance of Way Employes PARTIES To DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The suspension of Trackman W. J. Wilson 'for seven (7) calendar days commencing on August 11, 1974 and terminating on August 17, 1974' 'was based on disproven or unproven charges, statements not introduced at the hearing, and was improper and unwarranted.' (System File C-4112-39 (74-12) E3)

 (2) Trackman Wilson's record be cleared of the charges of insubordination and he be paid for all wages lost as a result of the suspension described in Part (1) hereof.

 OPINION OF BOARD: Claimant, Trackman W. J. Wilson, was suspended for
 seven days for allegedly failing to comply with the instructions of an assistant foreman.

 In discipline cases, the burden of proof is upon the Carrier. While it is not within the prerogative of the Board to determine the credibility of the evidence produced on the property, it is well within the forum of appeal to determine whether or not the evidence was sufficient to mandate a finding of guilt. In the instant matter, the evidence surrounding the alleged insubordination was not sufficient to deduce a finding of guilt.



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 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
 Award Number-21455
 Docket Number MW-21524

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Claimant was guilty as charged is not supported by sufficient evidence.

 A W A R b

 Claim sustained: Claimant will be paid for all wages lost from
 August 11, 1974 through August 17, 1974,
ATTEST: (?J.4w
 '~`xecutive Secretary

 Dated at Chicago, Illinois, this 18th

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 day of March 1977.