THIRD DIVISION Docket Number MS-25326


                    Robert W. McAllister, Referee


(Charles M. Patrick PARTIES TO DISPUTE:
                  (Consolidated Rail Corporation


STATEMENT OF CLAIM:
"System Locket 2060-D - Discipline of thirty (30) days deferred suspension, concerning Alleged Failure to Comply with Instructions, Falsly (sic) issued by P. M. Sawyer.
Conrail System Docket 2061-D - Discipline of Dismissal, Concerning Alleged offenses of insubordination, absenting myself from my position without permission and violation of General Rule 21 of the S7-C Safety Rules."
OPINION OF BOARD: By notice of October 31, 1983, the Claimant, Charles M. Patrick,
 served notice of his intention to file an ex parte submission,
 involving the issuance of a thirty day deferred suspension for failing to comply
 with instructions and discipline with dismissal for insubordination, absenting
 himself without permission, and violation of Safety Rules. The Claimant denies
 he failed to follow instructions and contends his concern for his men's safety led
 him to request safety from Supervisor P. M. Sawyer. It is also asserted the Claimant
 was instrumental in having the Carrier cited by OSHA.
The Carrier argues that an individual _or his labor union may submit a grievance to the Adjustment Board. It contends, however, that the Law does not permit the tandem handling of a dispute as the Claimant has submitted herein. It is pointed out that the Claimant's submission has taken two separate and unrelated disciplinary actions and presented them as one case under one "Statement of Claim." Furthermore, the Carrier notes the Organization, by date of November 10, 1983, served Notice of its Intent to file an Ex Parte submission on the Claimant's dismissal.
The record discloses that the thirty day deferred suspension arose out of circumstances which occurred on December 3, 1982, and which were related to asserted instructions given to the Claimant to install shoring in an open trench. The dismissal action is the result of Claimant's charged actions of December 30, 1982, involving a claimed injury, insubordination, the Claimant absenting himself from his position, and violation of Safety Rules.
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 officer. The Board may not reverse the Carrier's determination merely because of conflicts in testimony. The evidence in the present case was sufficient to warrant Carrier's action in imposing the discipline that it did.
                      Award Number 25655 Page 2

                      Locket Number MS-25326


FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due 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.


                            AWARD


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
          Nancy . Dever - Executive Secretary


Dated at Chicago, Illinois, this 30th day of September 1985.
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