NATIONAL RAILROAD ADJUSTMENT BOARD
 yAward Number 24530
 THIRD DIVISION Docket Number CL-24415
 I,
 Paul C. Carter, Referee

( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (

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

Carrier violated the Agreement at Cordon, Georgia, when on January 16, 1980, it dismissed Claimant Hobby Hall, III, from the service of the Carrier, account of his alleged failure to perform his duties as Agent properly.
For this violation,, the Carrier shall now be required to rescind its prior imposed discipline and return Claimant Hall to the service of the Carrier, with all the rights and benefits to which he is entitled, and with pay for all time lost, beginning January 16, 1980.
OPINION OF HOARD: Claimant had a seniority date of June 6, 1972, on
 Carrier°s Savannah District of the Coastal Division. At the time of the occurrence giving rise to the claim herein, he was an extra agent-operator on the seniority district mentioned, and was filling the vacancy of agent, Cordon, Georgia.
On January 9, 1980, Claimant was instructed to attend a formal investigation at 10:00 a.m., Tuesday, January 15, 1980, on the charges:






° The investigation was conducted as scheduled and a copy of transcript
 has been made a part of the record. The Claimant was present throughout the
 investigation and was represented. A review of the transcript shows that the
 investigation was conducted in a fair and impartial manner. None of Claimant's
 substantive procedural rights was violated. Following the investigation, Claimant
 was notified by letter dated January 22, 1980, of his dismissal from the service.
 The dismissal letter was sent certified mail - return receipt requested.
 In the handling of the dispute on the property and in its submission to this
 Board, the Organization contends that the decision was not rendered within the
 seven-day time limit of Rule C-1-(b), reading:
 "A decision will be rendered within seven days after completion of
 investigation and hearing."
 In the on-property handling, the Local Chairman counted January 15 as
 the first day and contended that January 22 was the eighth day. It is well
 settled that in computing days under rules such as Rule C-1-(b), the first day
 is excluded and the last day included. Therefore, seven days from January 15
 would be January 22. The carrier advised the Local Chairman that the dismissal
 letter was written and dated January 22, 1980, and placed in the U. S. Mail the
 same date. This seems to be borne out by Employes' Exhibit No. 3, even though
 the postal workers may have later postmarked the letter January 23, 1980. Rule
 C-1-(b) does not require that the employe actually receive the notice of discipline
 within.geven days, but that such decision be "rendered· within seven days. See
 Third Division Award No. 21526, and awards cited therein, as well as Third Division
 Awards Nos. 13219 and 17588, the latter citing many other awards. We find and
 hold that the seven-day provision of Rule C-1-(b) was complied with by the Carrier.
 We find no proper basis for any contention that the conducting officer
 badgered the Claimant during the course of the hearing. Further, no such contention
 was made by Claimant or his representative during the course of the investigation.
 It is well settled that if exceptions are to be taken to the manner in which an
 investigation is conducted, such exceptions must be taken during the course of
 the investigation; otherwise, they are deemed waived.
 Carrier's Operating Rule 1151 reads:
 "Agents are in charge of the Railway's interests at their stations; of
 its buildings, sidings, other tracks and grounds within the station
 limits; of the station appliances; equipment; of its accounts and
 records; of its material and supplies; of all cars at the station
 except intrains; of the receipt, care, forwarding and delivery of
 baggage and freight; of the sale of tickets; of the collection of
 station revenues; of the remittance or deposit of money; of such
 disbursements thereof as may be properly authorized; of all station
 employees and of other employees while at the station, so far as it
 relates to their conduct or to the station work.
            Award Number 24530 Page 3

                      Docket Number CL-24415


        Agents will also have charge of such other matters as may arise in connection with the station management or may be assigned to them by proper authority.


        Agents must report to Superintendent any matters affecting the interests of the Railway."


        Carrier's Operating Rule 1175 reads:


        ·Agents must make prescribed reports as required by proper authority."


Upon review, we find substantial evidence in the investigation to support the charges against the Claimant. While there were some conflicts in the evidence adduced, it is not the function of this Board to weigh evidence, attempt to resolve the conflicts therein, or to pass upon the credibility of witnesses. Such functions are reserved to the Carrier. There was substantial evidence that Claimant did fail to properly perform his duties while filling the agent's position at Gordon, Ga. His actions, coupled with his prior record, which was far from satisfactory, and which was referred to in the handling on the property (Carrier's Exhibit "L·) justified the discipline imposed and there is no proper basis for this Board to interfere.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute the notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds:
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
        That the Agreement was not violated.


                      A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST: ev~zoeo~

        Nancy J.,07ir - Executive Secretary


Dated at Chicago, Illinois, this 19th day of October, 1983.