Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32122
Docket No. SG-32856
97-3-96-3-201
The Third Division consisted of the regular members and in addition Referee
John H. Abernathy when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (B&O):
Claim on behalf of F. Tabron for payment of all time lost as a result
of his suspension from service for 10 days, account Carrier violated the
current Signalmen's Agreement, particularly Rule 50, when it failed to
provide the Claimant with a fair and impartial investigation and imposed
harsh and excessive discipline without meeting the burden of proving its
charges in connection with an investigation conducted on May 19, 1994.
Carrier's File No. 15(95-158). BRS File Case No. 9808-B&O."
FINDINGS:
The
Third
Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 32122
Page 2 Docket No. SG-32856
97-3-96-3-201
Claimant received permission from his immediate Supervisor to be absent from
work on May 11, 1994 so he could appear in court that day. Claimant did not report for
work on May 11. It is undisputed that Claimant also did not report for work the neat
day, May 12. Claimant contends he had permission from his Supervisor to be absent on
May 12. The Supervisor denied that Claimant ever asked to be off on May 12 and
testified he never approved Claimant's absence on that date. The Hearing Officer
determined that permission to be absent on May 12 had neither been sought, nor
granted. Claimant was assessed a ten day suspension.
The Board concludes that Claimant was afforded a fair and impartial Hearing.
The Hearing Officer based his decision in part on his evaluation of the credibility of
witnesses who gave conflicting testimony. It is not the function of this Board to make
credibility determinations. Credibility determinations were properly made by the
Hearing Officer who received live testimony and observed the demeanor of the
witnesses. Nor is it the function of this Board to overturn a Hearing Officer's credibility
determinations which are supported by substantial evidence, as here.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 13th day of August 1997.