PUBLIC LAW BOARD N0. 2774
Award No. 20
Case No. 28
PARTIES Brotherhood of Maintenance of Way Employees
TO and
OISPUTE The Atchison, Topeka & Santa Fe Railway Company
STATEMENT "I. That the dismissal of Southern Division Trackman Tommy Corona
CTFr LAIM March 7, 1980, was arbitrary, capricious and in abuse of discre
tion.
2. That Tommy Corona be reinstated to service with seniority, vaca-
tion, all other benefit rights unimpaired, reimbursed of $2,000
used as bail money, pay for all wage loss from March 7, 1980
forward and/or otherwise made whole."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that
this Board is duly constituted under Public Law 89-456 and has jurisdiction of the
parties and the subject matter.
Claimant herein was dismissed by Carrier on March 31, 1980 following an investigation
held on March 17, 1980 on the following charges:
"Arranged to report to Division Engineer's Office, Temple, Texas,
1:00 P. M. Monday, March 31, 1980, with your representative and
witnesses, if desired, for formal investigation to develop all
facts and place responsibility, if any, in connection with report
of your alleged assault with knife and threats made to Trackman
M.W. Engbrock at about 2:00 P.M.March 6, 1980, at Silsbee, Texas,
and further reports of your alleged assault and threats made to
Trackmen S. K. Brown, M.S. Keith and M.W. Engbrock on or about
March 2, 1980, at Silsbee, Texas, and to determine whether or not
you violated Rules 2, 16 & 17, General Rules for the Guidance of
Employes, Form 2626 Std . ...."
The nub of this dispute is the question of credibility. It is clear that if Claimant
did indeed engage in the conduct with which he was charged,discipline imposed was appropriate. An examination of the record of the case indicates that Trackmen Engbrock,
Keith and Brown all testified as to the threats with a knife involving the Claimant.
_2_ -c)-~77 ) y.
Other witnesses did not witness the incident by their testimony. Claimant, himself,
of course denied that the incident took place. Thus, the credibility issue was joined.
It is well established throughout this industry that~in an investigation such as that
involved in this dispute credibility issues may only be resolved by the hearing officer
conducting the investigation, not by Boards such as this. The hearing officer, in
this case, believed the statements made by the three employees who were allegedly
assaulted; he did not believe the testimony of the Claimant. Thus, the decision on
credibility was properly made by the hearing officer and this Board is compelled to
abide by that determination. It is obvious that Boards cannot from the vantage point
of many, many miles and time away from the hearing, not hearing the witnesses make any
judgments concerning credibility whatsoever. Based on the clear evidence adduced via
the credibility finding, Claimant was guilty of the charges. The evidence,is substantial to indicate that result. Thus, Carrier was emminently justified in its decision
to discipline Claimant by termination.
AWARD
Claim denied. ,
I.M.Lieberman, Pleutral-Chairman
G.M. Garmon, Carrier MembeY S. . Fleming, Employet Member
January
1a..,
1982
Chicago, IL