(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employee PARTIES TO DISPUTE: (Consolidated Rail Corporation ( (Former Penn Central Transportation Company)

(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 6-A-1, when it assessed discipline of two days suspension, on P. J. Sladky, Ticket Seller, Newark, New Jersey Ticket Office.

 (b) Claimant Slsdky's record be cleared of the charges brought against him an June 1.3, 1975.
(c) Claimant Sladky be compensated for wage loss sustained during the period out of service.

 OPINION OF BOAliD: Following the conclusion of an investigation at
 which Ticket Seller Sladky was charged with failing
 to report for work on time on June 11 and 12, 1975, Claimant was found
 guilty of the charge and suspended from service for two days. Carrier
 based its finding of guilt solely on the testimony of Passenger Agent
 Hrehocik that an the two mornings in question he had witnessed the
 Claimant boarding a Metropark train not due to arrive at Claimant's
 work location until twenty minutes late= than his appointed starting
 time. The Passenger Agent testified that he did not have a face-to-face
 confrontation with Claimant but that his observation was made from his
 auto parked some distance away. Claimant denied being late four work
 and denied riding the train on those two dates. Only Carrier's witness
 and the Claimant testified at the investigation and their testimony is
 contradictory.
                  Docket Humber CL-21830


It is Carrier which most meet the burden of proof at an investigation and it is our opinion that in this case it has failed to do so. Without additional evidence such as a confrontation between
 Passenger Agent Rrehocik and Claimant 31adky, possible within the `~
 time span supposedly involved, or without a work location check, which
 was also available to Carrier, we find the testimony of the Carrier
 witness simply insufficient to overcame Claimant's denials of tardiness.

        The claim will be sustained.


        YMIlfOS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and imployes within the meaning of the Railway IAbor Act, as approved June 21, 1934;

 That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                    A W A R D


        Claim sustained.


                        MATIOAAL RAILROAD ADJDSTFINT HOARD

                        By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 31st day of July 197B.:,_,