Findings The Board, after hearing upon the whole record and all evidence, finds that tie parties herein are Carrier and Employee, within the meaning of the Railway Labor Act, as amended, that this Hoard is duly constituted by Agreement dated July 19, 1979, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
Claimant, a foreman of Eyctra Gang 334 had been employed by Carrier far almost eight years. He was advised under date of April. 8, 1980 as follows:
Despite the aggressive and innovative defense presented by the Employee Representative there was sufficient evidence adduced to support Carrier's conclusion as to Claimant Foreman's culpability.
The Board finds no ground for disturbing the discipline assessed. Claimant had a fair and impartial hearing, he was capably represented, he had an opportunity to produce any witnesses that he desired. Theme Special Agent's testimony withstood the test: of cross-examination and Claimant exercised his right of appeal.
The Board does not substitute its judgment for that of the hearing officer as to lhc credibility of witnesses, the weight of evidence or conflict in such evidence. We do determine however that carrier did not act so as to be considered arbitrary or capricious in its findings against Claimant. Nor can we find based on this record that Carrier acted unfairly or arbitrarily against the right of Claimant.
In the circumstances the discipline is found to be reasonable. This Claim will be denied.
AWARD: Claim denied.