(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

1. Carrier violated the Agreement between the parties when it determined that Operator R. W. Uhland violated Rules 801 and 802 of the Operating Rules on February 4, 1975, and suspended him from service for thirty (30) days, and

 2. Carrier shall, as a result, compensate R. W. Uhland for all wage losses suffered during the period February 24, 1975 through . March 25, 1975, while suspended from service, and clear his record of the discipline administered.

 OPINION OF BOARD: On January 28, 1975, Claimant was charged with
 being "insubordinate, quarrelsome, vicious,
 boisterous, and using profane or vulgar language." Subsequent to
 investigation, he was assessed thirty (30) days' actual suspension.

 Claimant (who had six (6) months' service as a block operator at the time) issued a clearance on "Form A" which contained interlineations and alterations. The Tra discuss proper methods of filling out clearance forms. During that discussion, Claimant conceded that the form had been prepared improperly, but his conduct resulted in the charges herein, which assertedly violate Operating Rules 801 and 802:



        "Employes are required to report such misconduct, or negligence affecting the railroad's interests, to their superior officer. Any employe subjecting the company to garnishment, attachment proceedings involving his wages will be subject to discipline."


        "802. Employes who are disloyal, dishonest, insubordinate, immoral, quarrelsome, vicious, carele incompetent, or who wilfully neglect their duty, endanger life or property, or who make false statements or conceal facts concerning matters under investigation, are subject to discipline."


We have studied the transcript of the hearing, as well as the entire record. We do not find that the employe denied the testimony of the Trainmaster as regards the context of the discussion. Rather, he asserts that his words and actions meant something different than understood by the Trainmaster. Claimant's self-serving assertion does not persuade us. The words considered in their context do not reasonably suggest to us the basis for a misunderstanding.

        Although the evidence is in conflict, we will not seek to

resolve "patently conflicting testimony." (See Award 21612).
 Nor is the quantum of discipline excessive.

        FINDINGS: The Third Division of the Adjustment Board, 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 Act, as approved June 21, 1934;

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

        That the Agreement was not violated.

                    Award Number 22204 Page 3

                    Docket Number CL-22211

                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: `IExecutive-Secretary

 Dated at Chicago, Illinois, this 13th day of October 197$.