NATI0NAZ RAILROAD ADJOSTMNZT BOARD

Award Number 22145

THIRD DIVISION Docket Number Nb1-22055

Irwin N. Lieberman, Referee

(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPME:
(Illinois Central Gulf Railroad Company

sTAT&MENT OF CLAat: "claim of the system ca®ittee of the Brotherhood that:

(1) The suspension of Trackmaa lt. Wells 'for a period of thirty days beginning November 6, 1975' vas without just and sufficient cause and on the basis of unproven charges (System File T-197-T-75/134296-362 Spl. Case No. 1014 Mofx 41-16)

(2) The claimant shall now be accorded the benefits prescribed within Agreement Rule 35(1)."

OPINION OF BOARD: This is a discipline dispute in which Claimant vas
given a thirty day suspension. Claimant was charged
with insubordination, use of profanity and being tardy. He was found
to be guilty of the first two charges.

The crux of this dispute is a substantial conflict in the

testimony of Claimant and his witnesses and the testimony of Carrier
witnesses at the investigation. This Board is not in a position to
make credibility findings; that task is reserved to the trier of facts
on the property. This principle has been adhered to by this Board for$ wall established established ees~ictss ien the e~e Awards 19487, 21290,
21278 and 21238)imoey were resolved by
the hearing officer in favor of Carrier, there is no question but that
there vas substantial evidence to support Carrier's conclusion that
Claimant vas guilty of the two charges.

In view of the guilt of Claimav··+, the measure of discipline in this dispute was quite reasonable; much more severe discipline has been imposed for sisilar infractions. We have no basis for questioning Carrier's actions in this case.

Award Number 22145 page 2

Docket Number MW-22055

FINDnM: 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 Employes within the meaning of the Railway Labor Acts as approved June 21, 1934;

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

That the Agreement was not violated.

A B A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT HOARD

By Order of Third Division

ATTEST: _ _
Executive Secretary

Dated at Chicago, Illinois, this 31st day of July 1978.