Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27622
 THIRD DIVISION Docket No. MW-27050
 88-3-86-3-94
 The Third Division consisted of the regular members and in
 addition Referee Robert W. McAllister when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (National Railroad Passenger Corporation (Amtrak) ( Northeast Corridor

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

 (1) The discipline imposed upon Trackman H. R. Furbay for alleged violation of Amtrak General Rule 'F' on October 18, 1984 was arbitrary, capricious and on the basis
(2) The claimant's record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

 FINDINGS:

 The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The Claimant was charged and found guilty of violating AMTRAK General Rule 'F' in that he was observed riding an AMTRAK bus after his tour of duty. As a result, he was assessed discipline of time held out of service which was October 18, 1984, through October 29, 1984, or eleven (11) calendar days.

 This Board's review of the evidence and especially the transcript establishes the written statement and testimony of Witness Jones was properly credited. Accordingly, we find the record supports the conclusion reached by the Carrier that the Claimant and Acting Assistant Foreman Carmichael were on the bus on October 18, 1984, and that their actions were not authorized. Given this determination, we cannot say the actions of the Carrier in assessing the discipline was a Form 1 Award No. 27622
 page 2 Docket No. MW-27050
 88-3-86-3-94




                              By Order of Third Division


Attest:
        Nancy J.,,Dr -.Executive Secretary


Dated at Chicago, Illinois, this 23rd day of November 1988.