Docket No. 213 AWARD NO. 213

SPECIAL BOARD OF ADJUSTMENT NO. 279

BROTIFRHOOD OF MAINTENANCE OF WAY EMPLOYEES

versus

MISSOURI PACIFIC RAILROAD CCMPANY

STATEMENT OF CLAIM: . Claim of the System Committee that:

"1) Carrier violated the agreement on October 15, 1982, when Trackmen L. B. Blunt and L. Johnson System Rail Gang 6801, were dismissed from service for alleged possession of narcotics and/or controlled substances while on company property and/or while on duty October 15, 1982, in the vicinity of Hillsboro, Illinois.

2) Claimants shall now be returned to service with all rights unimpaired and paid for all time lost beginning October 15, 1982."

FINDINGS: The basic issue in this claim involves the Carrier's
crediting of the testimony of two special agents
instead of that of the claimants. It is a long
standing rule that credibility of witnesses at an
investigation is determined by the Carrier. This
board does not see or hear the witnesses and we
have no basis for evaluating the propriety of the
Carrier's deteanination thereon.
Under the circuanstances we are ccnstrained to deny
the claim.
AWARD: Claim denied.
. BOARD

SPE OF ADJUSTMENT NO. 279

Dudley E. ___ ' g - Chainnan-

M.~ . hr stie W"N o
Employee bier Carrier Member

November 1, 1984

File: 247-6509