Public Law Board No. 2778
PARTIES - Brotherhood of Maintenance of Way Employes
.DI3TUTE
: and
Baltimore and Ohio Railroad Company
STATEMENT
Request that J. W. McKenny be restored to his fore
OF
CLAIM
: man's position with seniority unimpaired and be
allowed the difference in rates of pay from Novem
ber 3, 1978 until so restored.
FINDINGS
: On August 15, 1978, Engineer of Track Archinal and
Assistant Supervisor Cregger went to the Calvert
Street Tunnel to observe the work of claimant's
track gang. A slow order placed on the main track
of that Tunnel on June 17, 1978 had not been removed
by August 15, 1978 and Mr. Archinal considered it
important to observe the activities of claimant's
gang at their work site. His visit was certainly
reasonable and consistent with his responsibilities.
It is his testimony that claimant's gang did not
reach the job site until 9:10 a.m. and then were permitted to take
their lunch from 10:35 a. m. until noon. Mr. Cregger corroborated
that testimony in essential particulars. Their testimony is credible
2--77g _q
and specific; though controverted by claimant and members of his
gang, it is sufficiently substantial to support Carrier's findings
and in line with numerous awards this Board will not disturb them.
It is not within our province to resolve questions of credibility.
As an appellate board, we have no opportunity to observe the conduct
and demeanor of the witnesses or to hear them. .
There is no evidence that claimant was singled out
for unfair treatment or that Carrier committed prejudicial error.
In the light of these considerations, the findings and the entire
record, we find no persuasive basis for substituting our judgment
for that of Carrier in the demotion of a supervisory employe.
AWARD:
Carrier Member
Claim denied.
Adopted at Baltimore, Maryland,
dl
a7, 1983.
4;o--Oq
IN~
Employe Member