William G. Ghples, Referee


                (Brotherhood of Maintenance of Way Employes

PARTIES TO DISFJM
                (Consolidated Rail Corporation

                ( (formerly The New York, New Raven & Hartford Railroad Company)


STAMMIT CF MAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The ten (10) days of suspension imposed upon Track Foreman Paul Simons for 'allegedly changing your testimony as given to Patrolman Richard Bowes on October 22, 1979, regarding the whereabouts and activities of Boom Truck Driver, James Oliver, on August 28, 1979, as subsequently given to the District Attorney on April 3, 1980' and for 'alleged violation of Rule D, subperagreph 3' was arbitr charges (System Docket No. NH-49).

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

 OPINION CF BOARD: The argument of the Organisation against the Carrier is
 that it based its judgment solely upon the resolution of a
 conflict in testier between the Claimant and a Security Officer. The
 entire record is mot that narrow. There is other sustal"' oral and written
 evidence that, as a aialam, established a per se prima facie case dh1eh was
 not rebutted. The evidence before the Hoard is sufficient to sustain the
 charge against the Claimant.

        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 Iebar 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 H D


        Claim denied.

                      Award N=ber 214334 °age 2

                      Docket Number MW-24519


                                NATIONAL RAILROAD ADJUSUIENT BOARD

                                By Order of Third. Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 LBy
 Rosemarie 3rasch - Administrative Assistant

 Dated at Chicagoo Illinois, this 27th day of April. 1983.

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