N'ATYOiiAL -AI.LR^,AD AaJOS'fE:~T BOARD

Award II,4ber 23104

THIRD DIVISION Docket Number I·w-23220

Joseph A. Sic'sles~ Referee

(Brotherhood of Maintenance of ;.Tay rE?aployes PARTIES M DISP'=:

(Mississippi xport Railroad Company

STAT3=I:T OF CLAD:: "Claim of the System Committee of the Brotherhood that:

(1) The discipline of Trackman Stokes Jackson was unwarranted and without just and su_`ficiant muse.

(2) Trackman Stokes Jackson shall be allowed the remedy prescribei in Rule 13(e). "

O=ION O= 30eLRD: The Clai-.ant was suspended concerning certain absences.

It is not our function to resolve credibility disputes. Rather, we are li7aited to a review of the evidence and tesnicony to ass"·ra that t::ere is evidence of record sufficient to warrant the disciplinary action. Ire are of the view that there is such evidence here.

^I:',DI-,'GS: The Third Division of the Adjusta:ent Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Cezrier and the -~ployes involved in this dispute are respectively Carrier and Employes with-_n the meaning of the Railway Labor Act, as approved June 21, 1934;

That t-his Division of the Adjustment Board has jurisdiction over the dispute .-evolved herein.; and

That the Agreement was not violated.

A Y.1 A R D

Claim denied.

%ATIO':AL RAMPOAD AD17U212-=:T BOARD

By Order of Third Division

AT'ST: f~ /a~ r

~'lecU''ive ~=Ci-ry

Datcd at Chicago, Illinois, this 15th day of --ecember 13&0.