PARTIES Brotherhood of Maintenance of Way Employes
 to -and-
 DISPUTE: Consolidated Rail Corporation

 STATEMENT OF CLAIM: Appeal of Trackman Rory Brown to have the discipline of dismissal removed from his record and to be restored to the service.

 FINDINGS: This claim arose subsequent to a finding by the Carrier
 that the Claimant had failed to comply with rules relating to
 personal injuries sustained while on the job. The Carrier essen
 tially concluded that the Claimant had failed to show evidence of
 an alleged injury and that he did not comply with the reporting
 requirements with respect to this alleged injury.
 The Organization, both in the record and before the Board, has vigorously protested the Carrier's determination. It mainly asserts that the Claimant did not receive a fair and impartial hearing and that he was not given prompt advance notice of the hearing as contemplated by the parties' Agreement. The Board has closely reviewed and considered the entire record. Under the circumstances prevalent herein, we find that while the organization's contentions are not without substance, credible evidence, including the Claimant's own testimony, supports the carrier's determination. Accordingly, absent evidence showing that Carrier acted in an arbitrary and capricious manner, we do not have a basis to disturb the discipline assessed.
 PLB No. 3514 A-104/A-110

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41 0
 F . Domz ki. rrier M er

 Dated: MAY 27 119$6

 AWARD

Eckehard Muessig

Neutral Member


jJ. P. Cassese
 Employee Member