(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The five (5) days of suspension imposed upon laborer R. 0. Jackson. Jr. for alleged violation of 'TRRA Safety Rules 2, 33(d) and 33(e)' was without just and sufficient cause and on the basis of unproven charges (System File TRRA 1980-21).

 (2) The claimant's record shall be cleared and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimant was notified of a hearing concerning a violation
 of certain safety rules which resulted in a personal injury
 to himself.

 Subsequent to the Investigation, the Claimant was found to have violated certain specified safety rules and he was assessed.a five (5) day suspension.

 The Claimant concedes that on the day in question his trouser leg caught in a spike and when he tripped he sprained his ankle or foot.

 The safety rules of the Carrier prohibit wearing of clothing that may constitute a safety hazard, and `,,hey also caution the employes to be alert, avoid dangerous situations, etc.

 There is evidence in the record, however, to lead one to the conclusion that the trousers which were "so long that he was wanting on the bottoms of them" and, in fact, the trousers were longer than safety considerations dictated. _

 This Board has noted on numerous occasions that it is not inc=_bent upon us to sake credibility determinations. Rather, our function is lirlited to a review of the record to assure that there is sufficient evidence presented in the record which will support the conclusions arrived at by t h= terrier.

 Under all of the cir c ;ms taaces, then, we are of the ·r iesr t:s. t the
 w7^_"'°r has suit.2ined its burden of -roof and ..,e i·7 ll :~,eny the :!1zi-11.


T"'~:;:5: The Third D<<sion of the Adjustment Eoard, upon the whole record
        and all the evidence, finds and holds:


        That the parties waived oral hearing;


        That the Carrier and the .m ployes involved in this dispute are

res~Decti_vely Carrier and 2aployes 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.


                    A W A R D


        Claim denied.


                      NATIONAL RAILROAD ADJUSDIENT BOARD

                      By Order of Third Division


ATTLST: Acting Executive Secretary
 NATIONAL RAILROAD ADJUSULENT BOARD

 By r/yty
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 15th day of ftbrmr9 1983.

                                  ~~' CSI ~,~=