PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman C. Kennedy for alleged 'failure to comply with Rules E and N of the Uniform Code of Safety Rules and Item 5 of the Conditions of Employment' was without just and sufficient cause and wholly disproportionate to the charge leveled against him (Carrier's File S 310-404).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered.'
OPINION OF BOARD: Claimant, a trackman, entered Carrier's service on May
 8, 1978. He was notified to report for formal investigation to be held on February 25, 1981:


At the request of claimant's representative, the investigation was postponed and conducted on March 11, 1981. A copy of the transcript of the investigation has been made a part of the record. A review of the transcript shows that the investigation was conducted in a fair and impartial manner. Claimant was present throughout the investigation and was represented. None of his substantive procedural rights was violated. Following the investigation, claimant was notified of his dismissal from service on Mach 13, 1981.
Carrier's Rules E and N of the Uniform Code of Safety Rules, and Item 5, Conditions of Employment, read:




~ -H11




        'RULE N


        Employes must not enter into altercations, play practical jokes, scuffle or wrestle on company property.


        Employes must ndt be:


        3. Insubordinate

        4. Dishonest

        5. Immoral

        6. Quarrelsome or otherwise vicious."


        "ITEM 5.


        To familiarize myself with and to observe all rules and regulations governing the service to which I shall at any time be assigned; to maintain strict integrity of character; to faithfully observe the rules and/or policy governing the use or possession of intoxicating liquors or narcotics; and to perform my duties to the best of my ability.


        The above-quoted rules were read into the investigation.


In the investigation substantial evidence was adduced by the Carrier in support of the charge against the claimant. While there were some conflicts in the testimony at the investigation, it is well settled that this Board will not weigh evidence, attempt to resolve conflicts therein, or pass upon the credibility of witnesses. Such functions are reserved to the hearing oficer.
Claimant's prior record was far from satisfactory. He had previously been dismissed on two occasions and reinstated on a leniency basis in each case. He also had been suspended from service for twenty days for failure to protect his assignment.
Claimant's actions on February 19, 1981, coupled with his prior poor service record, fully warranted the discipline imposed by the Carrier.
        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 amployes involved in this dispute are respectively Carrier and gnployes 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
                      Award Number 24544 Page 3

                      Locket Number MW-24740


        That the Agreement was not violated.


                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD AATUSTMENT BOARD

                          By Order of Third Division


Attest:f
        Nancy J r - Executive Secretary


Acted at Chicago, Illinois, this 4th day of November, 1983