Claim of Lake Division Engineer K.M. Linkenbach for all lost time before his reinstatement to service, December 25, -1997 to February 25, 1998, after dismissal for conduct unbecoming an employee for false and/or conflicting statements as a witness in and during an investigation on December 5, 1997.

Upon the whole record and all evidence after the August 25, 1998 hearing in the Carriers office, Norfolk, Virginia, and study of goat-hearing submissions received on or before August 25, 1998, the Board finds that the parties herein are carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and the subject matter.

The Carrier has failed to carry its required burden of proof in the instant Claim.

This is too much a case of "he said, she said," evidence. The Board must have more conclusive evidence to uphold the Charge.

Credibility is stretched beyond reason here. Hallway conversations, assertions and denials are unacceptable evidence. The standards of proof must be held to a higher level than exhibits in the instant matter.

Claim sustained. The Claimant shall be made whole for all loat wages and benefits within thirty (30) days of the date below.

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