(2) Claim in behalf of Trackman Henry to remove the 15 day actual suspension from claimant's personal record and reimburse him for all wage loss suffered, vacation, seniority, and all other rights restored unimpaired.

Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board.

Claimant on June 4, 1987, was working as a Trackman. At approximately 11.:25 AM he was observed by Foreman J. J. McCraw walking on a track where he was not authorized to be. Foreman McCraw instructed Henry to leave the restricted area to which Mr. Henry did not respond and made an obscene gesture towards his supervisor by flipping his middle finger. A formal investigation was held in connection therewith and Claimant was assessed a fifteen day actual suspension.

This disciplinary action turned on the credibility of the two main characters. No purpose was shown for Foreman McCraw making the statement that he did, recognizing for the moment that Claimant denied that he flipped his middle finger. Absent no showing of animosity McCraw was the more credible. This claim will be denied.

. Hammonds, Jy, Employee Member D. A. Ring, Carr a Member

Arthur T. Van Wart, Chairman

and Neutral Member