(Brotherhood of Railway, Airline and Steamship Clerks, PARTIES TO DISPUTE: ~ Freight Handlers, Express and Station Employes



(a) Carrier violated the provisions of the current Clerks' Agreement at Barstow., California, on 19, 1978, when it wrongfully assessed the personal record of Mr. C. R. Hinkle with twenty demerits, and

 (b) (terrier shall now remove the twenty demerits sad any reference to the formal investigation held on July 3, 1978, from the personal record. of Mr. C. R. Hinkle*

              OPINION OF BOARD: In June of 1978 the Claimant was notified to attend a formal Investigation concerning a charge that he was


allegedly dishonest when he attempted to secure permission 9:40 PM on June 20, 1978 and the Employe allegedly failed
                                                  t


              to report far his regular assignment at 11:59 on that date.


        Subsequent to the Investigation the Claimant's personal record

              was assessed twenty (20) demerits.


According to the evidence presented by the Carrier, at 9:40 PM on the day in question the Claimant called the crew office and. stated that he had to hay off because his car had broken down. When the crew caller advised the Claimant that he did not have the authority to grant the request the crew clerk informed him that he could only lay off as individual for illness at which time the Claimant told the crew clerk to lay him off sick. The Claimant made no attempt to con lay off for personal business.

 The Claimant asserts that he was unable to report for work due to the automobile difficulty which constituted an emergency and the crew caller improperly completed the necessary form.

 We have reviewed the record at length sad have noted that there is a basic credibility dispute presented. It is not our function to resolve credibility disputes and under this record there is evidence presented which substantiates the conclusions reached by the Carrier and accordingly we will deny. the claim.
 Award Number 24.L34
 Docket Number (L-23433
Page 2
        F110TAGS: The Third Division of the Adjustment Boards upon the whole record and all the evidences 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 Board has jurisdiction over the dispute involved herein; and

 That the Agreement was not violated.

 A W A R D
Claim denied.

 ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 NATIONAL RAILROAD ADJUS7MENT HOARD
 By Order of Third Division

 BY `./
 emarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 27th day of January 1983.