THIRD DIVISION Locket Number MW-24750


                      Ida Klaus, Referee


                (Brotherhood of Maintenance of Way Employes

PARTIES TO DISPUTE:
                (Consolidated Rail Corporation (former ( Penn Central Transportation Company)


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
            (1) The Carrier, without just and sufficient cause and on the basis of unproven charges, improperly disciplined Trackman D. W. Kepler on charges that


            (a) he allegedly refused to perform duties as instructed

            by Foreman E. J. Galitskie and leaving the Carrier's

            property without proper permission on September 19, 1979

            (System Docket 538);


            (b) he allegedly verbally abused and threatened Assistant

            Engineer J. V. Gidaro at Waterville, Pennsylvania on September

            19, 1979 (System Locket 539).


            (2) The above charges be stricken from Trackman D. W. Kepler's record and he shall be compensated for all wage loss suffered.


OPINION OF BARD: Two claims (a and b), made by the same claimant and combined
 in this submission, are before us for decision. The claims
 concern separate respective charges arising out of unrelated incidents occurring
 on different parts of the same day. Separate ·trials· on each charge were held< on the property at different times, and separate discipline was assessed. This
 Board has considered each claim in similar fashion. The Organization asserts
 that the Carrier has failed to prove its case as to each charge. It asks for
 reversal of the discipline imposed and for other remedial measures.
claim (a) protests a 37-day suspension without pay. It concerns a charge of insubordination for failure to perform assigned scrap clearing duties and for leaving the Carrier's property without permission. The Claimant has maintained that he disobeyed no orders or instructions to perform assigned work. Moreover, he asserted he left the track for safety reasons and did not know that he had moved beyond the boundaries of the Carrier's property.
Claim (b) protests a loss of pay for 36 days. It concerns a charge of verbal abuse and threats against an Assistant Engineer at the work site. The claimant has denied the charge, asserting that he approached the supervisor in amicable fashion simply to ask advice about heating a frozen wheel bearing.
            Award Number 24675 Page 2

                      Docket Number MW-24750


The record evidence is plainly conflicting. In each instance witnesses for the Carrier gave testimony in support of the charges, while those called by the claimant sought to sustain his defense. The Carrier evaluated the testimony of both sides. It did not believe the Claimant's assertions, accepting as true the contrary statements of supervisors and others who were at the work site at the particular time. The Board may not overturn that credibility resolution.
Upon consideration of the record as a whole, the Board finds ample support for the merits of each charge and reasonable justification for the particular discipline imposed. In other surds, the Carrier has shown just cause for the penalty assessed in each instance.
        The claims must therefore be denied.


        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 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


        Claims denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest-
          Nan P/Dever - Executive Secretary


Dated at Chicago, Illinois this 24th day of February, 1984