Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28836
 THIRD DIVISION Docket No. HW-29288
 91-3-90-3-185
 The Third- Division consisted of the regular members and in
 addition Referee Joseph A. Sickles when award was rendered.

 (CSX Transportation, Inc. PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "(1) The Agreement was violated when the Carrier assessed L. F. Griffis a three (3) day suspension for violation of Carrier's safety rules. [Carrier's file 12 (89-805), Organization's file LFG-89-50].

 (2) As a consequence, of the aforesaid violation Mr. L. F. Griffis' personal service record be cleared of the incident and he be compensated for any loss resulting from the suspension if actually served."

 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.

Subsequent to an Investigation, the Claimant was suspended for three days for an alleged violation of Safety Rules. He received an injury to his back while lifting a heavy object along with a co-worker.

 The Roadmaster who testified could offer no direct testimony, and his discussion with the Claimant after the incident is somewhat confusing. In any event, the dispute centers around the question of whether the Claimant actually bent his knees as is The co-worker initially indicated that Claimant had failed to do so, but later stated, in the transcript of investigation, that he did not recall if the Claimant had bent his knees.
 Form 1 Award No. 28836
 Page 2 Docket No. MW-29288
 91-3-90-3-185

 The Carrier noted that: "In this case, only two (2) employees were present and had any knowledge of what transpired. The question of which version of the events should
Normally we might be inclined to agree with Carrier in reaching this type of a credibility resolution. But here, the witness believed by the trier of fact clearly contradicted himself regarding the position of Claimant's knees.




                          By Order of Third Division


Attest: 100
 "Nancy J. pler - Executive Secretary

 Dated at Chicago, Illinois, this 25th day of June 1991.