AWARD 136 - BOARD DOES NOT RESOLVE ISSUES OF CREDITABILITY

First Division Award No. 24249 (LaRocco)

"This Board, as an appellate body, may not resolve conflicts in testimony or pass on the credibility of witnesses."

First Division Award No. 24250 (LaRocco)

"It is not the province of this Board to resolve conflicts in testimony or to pass judgment on the credibility of witnesses."

Third Division Award No. 30124 (Stallworth)

"With regard to the merits of the Claim, it is well-settled that, in reviewing discipline cases, the Board must determine whether there is 'substantial evidence in support of the Carrier's action.' First Division Award 16785. This Board has summarized its limited role in such cases as follows:

'We have many times said that under such circumstances [where the Carrier's Hearing Officer has observed the witnesses] it is not the function of this Board to weigh the evidence, for if the evidence is substantial and tends to support the charge made, the findings of the Carrier on the evidence even though it is in conflict, will not be disturbed.' Third Division Award 4840.

Moreover, as this Board held in Third Division Award 25491, when the factual determinations are supported by substantial evidence in the record, 'the Board will not substitute its judgment for that of the Carrier that Claimant's conduct constituted a disciplinable offense."

Third Division Award No. 29424 (DiLauro)

"The Claimant, the Foreman, and the Roadmaster, each testified the Claimant reported an injury to this finger on March 22, 1990, but he failed to report an injury to his back at that time. Beyond this testimony, the reports of the three witnesses conflict as to when the Claimant informed the Carrier of his back injury. The Carrier cites Board precedent that the Board does not weigh evidence, attempt to resolve conflicts therein, or pass upon the credibility of witnesses because these functions are reserved to the Hearing Officer. Third Division Awards 21921, 25134, 25102, 24991, 25306, 24470."

Third Division Award No. 29412 (Wesman)

"Absent the ability to observe witness demeanor first-hand and in view of the long tradition of arbitral restraint in this area (Third Division Awards 27786, 24589; Second Division Award 8280), this Board is reluctant to substitute its judgment for that of Carrier's Hearing Officer. There is sufficient evidence on the record before us which, if believed, supports Carrier's finding of Claimant's culpability in this case. Accordingly, we are constrained to find that Carrier's assessment of discipline was neither excessive nor unreasonable."

Fourth Division Award No. 4890 (Zusman)

"The Hearing Officer was present and able to observe the demeanor of the witnesses. There is no evidence that his decision was capricious and this Board in its appellate function 'does not resolve issues of credibility' (Fourth Division Award 4499).

Fourth Division Award No. 4499 (Zusman)

"By long established precedent, this Board does not resolve issues of fact and credibility. From the record as a whole this Board concludes that the Claimant's rights were protected and that the Carrier's findings of guilt were supported by substantial probative evidence. The Claimant admits guilt and the record unquestionably establishes such guilt."