Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7,286
SECOND DIVISION Docket No.
7191
' 2-!CG-FO-177
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No.
99,
Railway Employes'
( Department, A.
F.
of L. - C. I. 0.
Parties to Dispute; ( (Firemen & Oilers)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That Laborer F. D. Golden was unjustly disciplined by the
Illinois Central Gulf Railroad by being suspended for thirty
days, beginning September
5, 1975
to October
4, 1975,
following
an investigation which was held on August
22, 1975.
2. That accordingly, the Illinois Central Gulf Railroad be ordered
to pay Laborer F. D. Golden for the days he would have been
eligible to work during this thirty day period.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
Raspute are respectively carrier and employe within the meaning of the
'way Labor Act as approved June 21,
193+.
'y
involve6s Division of the Adjustment Board has jurisdiction over the dispute
l.erein.
Parties
`.o said dispute waived right of appearance at hearing thereon.
This is a
laborer for all3iscipline case involving thirty days' suspension of a shop
egedly sleeping on duty.
The init is
a fair and impal. position of the Petitioner is that the Claimant was denied
would not permit`,ial hearing .because the officer conducting the investigation
him and ruled thathe accused to cross-examine witnesses appearing against
representative. cross-examination would be permitted only by Claimant's
This Board has
of the nature here ruled on numerous occasions that disciplinary hearings
restrictive limita'tinvolved are not and cannot be conducted within the
courts of law. We,ions of the rules of evidence or procedures found in
in serious error ~ find that the officer conducting the investigation was
witnesses appear~in declining to permit the accused to cross-examine
concept of a fa'Lng and testifying on behalf of Carrier. Any reasonable
the right of t'
it
and impartial hearing in disciplinary proceedings includes
witnesses who ze accused along with his representative to cross-examine
are present.
Form 1
Page 2
Award No. 7286
Docket No.
7191
2-IC
G-FO-'77
As the claimant was not afforded a fair and impartial hearing, the
claim will be sustained on that basis.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By ~ ~`
s marie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April,
1977.