ORGANIZATION FILE NO.. MW-2-T-82


                        CARRIER FILE NO. 1544


PARTIES TO DISPUTE:

      Illinois Central Gulf Railroad'


      and


      Brotherhood of Maintenance of Way Employes


                STATEMENT OF 'CLAIM


      "(1) The thirty (30). day suspension assessed .

      R. J.. Smith for allegedly leaving'Carrier's

      property without proper authority was without

      just and sufficient cause and on the basis of,

      unproven charges.


      (2) Claimant R. J. Smith shall be compensated for

      all wage loss suffered."'.


                OPINION OF.'THE' BOARD


The Claimant was charged with leaving the property without authority and, subsequent to an investigation, he was assessed a thirty7day suspension.

 The Carrier presented testimony,that on the day,in question the Claimant stated that he did, not want to work _ the rest of the day because,he was hot, and, without permission, he left the job. Carrier witnesses deny .that the Claimant made any reference to being sick on the day in question. Moreover, it was testified that if they, had reason to believe that the Employee was sick, different considerations would have been raised.
 The carrier defends the severity,of the suspension by showing the Employee's. prior.disciplinary.recoxd, which shows that this is not the first instance where the Employee`s, attendance has been suspect.

 The Employee contends that he left because he.was physically,sick; and that he had advised the Supervisor's, of his condition.

 Certainly this Board would not.reguire an employee to continue work'if he were physically.ill. But, obviously, the employee must make that condition known to the Carrier. Here, there is' a sharp credibil'ity,dispute in that regard.

 For countless years the Referees for.the railroad industry have followed the rule that it is not.inculnbent for a Board such as this to make credibility,determinations because, in point of .fact, we are, not.present to hear the evidence, observe the witnesses, etc. Rather, we are obligated to accept the credibility findings of the Carrier unless there is a clear showing that those findings were not based upon credible evidence. No such showing. appears here, and we have absolutely no recourse but to accept the Carrier's. credibility,determinations and find that.the Employee. did not advise the Carrier's Supervisors that he was sick.

 Based on the past record of the Employee, we are, hesitant to disturb the discipline imposed.and,. accordingly, we will deny the claim.

                    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 Railiaay,Labor Act., as amended.

 This Board has jurisdiction over the dispute involved herein.

 The parties to said dispute were given due and proper notice o4,hearing thereon.

 _2_

                      ~3~ --(due

AWARD
Claim denied.

 J. Gibbins
 Car ier Member

J eph A. Sic les

C it n and NeutrTal Member


la3 s

D e

 H~ G. Aarper
 Organization Member