PARTIES TO DISPUTE:


STATFrdENT OF CLAI:d:"Claim of the System Committee of the Brotherhood that:

 (1) The ten (10) days of suspension imposed upon Hy-Pail Operator R. E. Openshaw for 'allegedly changing your testimony as given to Patrolman Richard Bowes on October 22, 1979, regarding the whereabouts and activities of Boom Truck River, James Oliver, on August 28, 1979' and for 'alleged violation of Rule D, subparagraph 3' was arbitrary, capricious, unwarranted and on the basis of unproven charges (System Docket No. Lei-49).

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

 OPINION OF BOARD: In this, a discipline case, the burden of proof is upon the
 Carrier and if that burden is sustained the discipline assessed shall be sustained unless it be capricious or unwarranted. The evidence before the Board of the whole record even though it contains some conflicts of testimony, has other oral and written testimony which makes a prima facie case which is not in any way rebutted. Thus the evidence of the total record before the Board is sufficient to sustain the charge and discipline against the Claimant as assessed.



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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

                  Docket Number MW-24521

                  A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSMENT BOARD

                        By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago,, Illinois, this 27th day of AprJ1 1983.

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