Form 1 NATIQNU RAILROAD ADJUST= BOARD Award No.
8348
SECOND DIVISION Docket No.
8304
2-D&M-MA-'80
The Second Division consisted of the regular members and in
addition Referee Higdon C. Roberts,, Jr. when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Detroit and Mackinac Railway Company
Dispute: Claim of
Lm
playes:
That the Detroit and Mackinac Railway Company violated Rule 32 of
the controlling Agreement in dismissing Crane Operator James Smith
from its service effective March
8, 1978.
That, accordingly, Crane Operator James Smith be restored to the
service of the Carrier and made whole in accordance with Ruse 32
of the controlling Agreement.
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 dispute
are respectively carrier and employe within the meaning of the Railway habor Act
as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
It is not the sole responsibility of the accused (claimant) to notify his
union representative of impending investigation. The carrier has the responsibility
as implied by the contract language, and common and past practice on this carrier
and in the industry. The accused may not wish to be represented, but the
organization has the right, and in fact, duty, to protect the agreement as
it applies to all employees, not just the accused.
In many cases, where the accused does not request representation, it is
based on inadequate knowledge of hearing-investigations, the assumption of
innocence and/or lack of understanding of consequences of the hearing findings.
There can be other reasons. None relieve the carrier of the notification
responsibility. This is a violation of Rule 32.
Form l Award No. 83+8
Page 2 Docket No. 830+
2-D&M-MA-'80
A W A R D
Claim sustained. Claimant reinstated to service with seniority rights,
and all other regular job rights and benefits, and to be compensated for full
wage loss sustained while out of service.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
~o emarie
Brasch
- Administrative Assistant
Dated t Chicago, Illinois, this 21st day of May,
1980,