The right of appeal by employes or representatives, in regular order of succession and in the manner prescribed, up to and inclusive of the highest official designated by the railroad to whom apeals may be made is hereby established.

If the final decision decrees that charges against the employe are not sustained, the record shall be cleared of the charge; if suspended or dismissed, the employe will be returned to former position and paid for all compensation he would have earned, less amount earned in any other service. If the employe is discharged and appeal is taken, the position will not be bulletined as a permanent vacancy until after the final appeal is acted upon."

The words "investigation", "hearing" and "appeal" are all used in this rule; however, the words "investigation" and "hearing" are used in such a way throughout the rule as to make it impossible from the reading of the rule to ascertain what is the investigation and what is the hearing. Part (a) of the rule states in substance that an employe in service for sixty days or more and whose application has been formally approved, shall not be discharged or suspended before being given a hearing. Part (b) refers to a hearing to be granted within ten days after notice of discipline or cause of complaint, said hearing to be granted within ten days of request. Part (c) states that a decision will be rendered within seven days after completion of hearing; also, that an employe may request within ten days to refer the case to the next higher officer and a decision rendered within seven days of the hearing. The second paragraph of (c) refers to the hearing or appeal. The most common use of the word "investigation" means "to inquire into" which would mean something that is done to find out what charge should be brought, if any, and to ascertain what evidence there is to substantiate the charge. The common use of the word "hearing" would be an opportunity to be heard on the charges that are brought against you, the right to confront the accusers, to examine them and, in the legal sense, a trial.

The common use of the word "appeal" would mean the right to have the facts and decision reviewed by a higher person or body of persons.

However, under Rule 24 of this Agreement, from the reading of the docket; the reading of the notice to appear dated March 7, 1949; the reading of the statement preceding the trial; the initial appearance of the employes accused, is interpreted by the parties as investigation.

The interpretation of hearing by the parties means that part of the proceedings referred to higher officers then the one holding the investigation proceedings. In other words, the appeal. These decisions must be rendered within seven days of the hearing. There is no time limit in the rule for a decision to be rendered after the investigation.

As to the second contention of the Employes, that an additional charge was placed against the Claimant and that the investigation was not conducted in respect to the specific charge received by notice of March 17 1949, from the reading of the initial charge and the facts brought out at the investigation concerning the charge that "bordered on insubordination", all the facts could be linked up with the charge of "your inability to get along with fellow employes." It is the opinion of the Board that the Carrier complied with Rule 24 (a) in giving the employe a notice of specific charges. See Award 1513.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21,1934;

That Carrier did not violate the terms of the Agreement.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division