PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 Seaboard System Railroad (former L&N Railroad)
 STATEMENT Case No. 121: L. R.Carnes be re-instated and paid
 CLAIMS: 8 hours.-straight time.each work day from May 18,
 1984, and all overtime incurred by Gang he was as- -
 signed to at that time. Also, that Mr. Carnes be
 restored all rights that he may be entitled to un
 der the October 1, 1973 Agreement.
 Case No. 122: A. T. Helton be re-instated and paid
 8 hours straight time each work day from May 18,
 1984, and all overtime incurred by Gang he was as
 signed to at that time. Also, that Mr. Helton be
 restored all rights that he may be entitled to un
 der the October 1, 1973 Agreement.
 FINDINGS: Claimants were dismissed from Carrier's service
 for "participating in theft from camp cars that
 occurred on January 21, 1983, while the cars were
 parked near Baxter, Kentucky."
 Carrier's findings are based on testimony of A. F.
 Brogan, the cook assigned to Band B Gang 202, that he observed claimants
 enter the side door of the camp car assigned to claimant Carnes, take
 out a TV, radio and tool box from the car, and place those articles
        ~'r Page 2


into a pickup truck that belonged to Carnes. He described the color ·
 of the truck as grey with a red stripe down the middle. Brogan's
 testimony is definite and clear and remained unshaken despite vigor
 ous cross-examination. There is no evidence that it was inspired by
 animosity, bias or other wrongful motive. The fact that he was sixty
 at the time and wore prescription glasses does not detract from the
 force of his testimony.
                We have considered with care claimaint's denials

and the points that Brogan's observations were made at 11:30 p.m.
 over a distance of what he once estimated to be 200 yards and that
 a car cannot back up to the door of the camp car. Neither those
 factors nor the other considerations mentioned by petitioner persuade
 this Board that it should disturb Carrier's finding that Brogan's
 testimony is credible. We are aware that estimates as to distan
 can vary appreciably and that Brogan also testified that a street
 light was near the camp car in question. Claimants were not strangers
 so far as Brogan was concerned, and, as the Gang's cook, he was familiar
 with their appearance, walk and manner.
 Carrier's findings are supported by substantial
 credible evidence and we will deny the claim. No prejudicial error
 on Carrier's part is disclosed by the record.
 AWARD: Claims denied.

                Adopted at Jacksonville, Florida,-NC tCi , 1985.


/i ~.--~Harold'M. Weston, Chairman

 arrier Member Employee Member