NATIONAL RAILROAD ADJUS724Z;1T BOARD

Award Number 23967

THIRD DIVISION Docket Number Mr1-24081

Ida Klaus, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Western Maryland Railway Company

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

(1) The ten (10) days' actual suspension and thirty (30) days' overhead suspension imposed upon B&B Mechanic Daniel M. Mangum for alleged 'insubordination and physical assault against his Acting Foreman, Mr. E. E. Williams, on Friday, December 21, 1979' was without ,just and sufficient cause and on the basis of unproven charges (System File 8-SiG-2696).

(2) The claimant's personal record be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered."

OPINION OF HOARD: The Claimant was given a tea (10) day actual suspension and
an overhead suspension of thirty (30) days for insubordination and physical assault against his acting foreman.

The Organization contends that the discipline was imposed without ,lust and sufficient cause and on the basis of unproven charges.

The sole issue in the investigation held on the property was one of the credibility of the Claimant and the acting foreman. The Carrier resolved the complaint in favor of the acting foreman. That resolution is binding on the Board.

As the weight of the evidence accepted by the Carrier clearly supports the ultimate conclusion it reached on the charge, the Carrier's determination must stand. The Board also concludes that the penalty imposed was reasonable.

The claim x111 be denied.

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 :his dispute are respectively Carrier and Employes within the meaning of the Railway :Abor Act, as approved June 21, 193+;

:hat this D_vision of the Adjustment Board .:as jurisdiction over the dispute involved herein; and

Award Number 23965 Page 2

Docket Number MW-24081

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUS740T BOARD

By Order of Third Division

ATTEST: Acting Executive Secretary
National Railroad Adjustment Board

I ~-

~-

By
~R6s rie Brasch - Administrative Assistant

Dated at Chicago, Illinois this 16th day of August 1982.

l~ ~ ~ '/

,. -, _

a

10