PARTIES Brotherhood of Maintenance of Way Employes.
 DISPUTE: and
 Baltimore and Ohio Railroad Company
 STATEMENT The five-day overhead suspension imposed on Machine
 CLAM: Operator W. L. Steck was arbitrary, capricious and
 unwarranted and shall be expunged from his record.
 FINDINGS: A collision occurred in the vicinity of Lewis Run,
 Pennsylvania, when an unattended tie handler moved
 down the track and struck a spike puller. Damage
 in the amount of $1,643.55 resulted.
 After a hearing had been held in the matter, Car-
 rier found that the accident took place because of claimant's fail
 ure to secure properly the tie handler.
 Claimant denied that he had been at fault and testi
 fied·that the machine had broken down several days before the col
 lision because of problems with the button that clamps the tie.
 According to claimant, other operators had previously reported
 that the tie the boom was secured to had risen about 15 inches
 and moved sideways while the engine was in operation. Claimant's
 foreman testified that he did not observe the manner in which the
 PLB - 2778 Award No. 26 2

 machine was secured.
 Assistant Supervisor Lasker testified that he checked the brakes immediately after the accident and found them in good order and that the machine would not have moved if they had been properly set. It is his testimony that the boom would not have risen materially if properly secured to the tie. There is no evidence that anyone tampered with the tie handler.
 As an appellate board that does not observe the witnesses and their demeanor, we are not in a position to resolve issues of credibility. It is our conclusion that Carrier's find-

 if claimant had used are not arbitrary
 d

 ing that the accident would not-have occurred
 due care;is supported by credible evidence an or unreasonable. The claim will be denied.

 AWARD:

 rr er Member

 Claim denied.

 Adopted at Baltimore, Maryland,~ Z 1984.

Employe Member