BMW NO. SL-321-T-81


                              ICG NO. 1461


PARTIES. TO DISPUTE:

      Illinois Central Gulf Railroad Company


          and


      Brotherhood of Maintenance of Way Employees


                  STATEMENT OF CLAIM


      '"(1) The- sixty (6o) day suspension assessed

      C. R. Kaemmerer, Sr., for alleged insubor

      dination was without just and sufficient

      cause and on the basis. of unproven and dis

      proven charges...


      "(2.) Foreman C: R_ Kaemmerer, Sr., shall be com

      pensated.for all wage loss suffered.


                    OPINION. OF BOARD


The Claimant was. notified to attend an Investigation to determine whether or not he.-failed to follow certain instructions concerning giving permission to employees lay off of work..

 Subsequent to. the Investigation the Claimant was assessed a sixty (Ga) day suspension.

 According to the General Foreman, the Claimant was told that he (General Foreman)-would not give his permission for certain gang members to be off on requested days and further that the Clv.mant was instructed not to give permission to the men to be off.

 At the Investigation the Claimant denied that he had received such an order.. Although he admits that there was a discussion with the General Foreman, the Foreman stated that if it was "'...up. to him that he would. not give them
 the day off..."

 The Organization asserts that other employees verified the position of the Claimant in this case whereas the General Foreman insists that he had told the entire gang during a morning meeting that neither he nor the Claimant would give permission to be absent on the Friday in question.

 We have ruled.on numerous occasions that it is not incumbent upon a Board such as this to substitute our judgmentfor that-of the Carrier concerning matters of credibility determination and we find nothing of record that would compel us to set this disciplinary action aside.

                        FINDINGS


The Board, upon consideration of the entire record and all of the evidence finds:

 The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.

 This Board has jurisdiction. over the dispute involved herein.

 The parties; to said dispute were given due and proper notice of hearing thereon.

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                        AWARD


      Claim denied.


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                C7 n and Neutral ember


J. .' CiLbblns
 Ca ier Member Organ C. Harper
 Organization Member
 3
 " DATE

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