(48) hour period of time herein provided, in which event the investigation may be immediately held. At such investigation he shall have right to call witnesses to testify in his behalf, and he or his representative shall have the right to question witnesses. The investigation shall be held within ten (10) days of the date when charged with the offense, and a decision will be rendered within ten (10) days after the completion of investigation. An employe disciplined will be advised in writing, stating the reason therefor. If a transcript of statements taken at investigation is made, a copy will be furnished the employe or his representative upon request."

The claimant together with Messrs. Webb and Byrd received the following letter:

"You are hereby notified to attend investigation to be held at Trainmaster's office Broad Street Station Richmond, Va., nine AM Oct. 29.

The object of this investigation is to develope all facts in connection with accident that occurred near mile post 12 between Centralia and Chester, Va., at 1-55-PM Oct. 23 in which you allowed motor car to be struck by Local Freight north Extra 115.

Please acknowledge receipt."

We are in accord with the principle announced in the many awards of various Divisions of the Railroad Adjustment Board that the allegations against an employe should not be couched in the same technical manner as one would use in pleadings prepared for a civil or criminal case. However, in the instant case we cannot so hold. Rule 46(a) has mandatory provisions that were adopted through collective bargaining.

"He will be advised in writing at least forty-eight (48) hours prior to such investigation of the exact charge or charges which have been made against him."

The letter transmitted to the claimant cannot be considered an exact charge against the claimant. It is merely a notice of a fact finding investigation for the purpose of determining the facts of an accident, but not a hearing for the purpose of determining the guilt or innocence of the claimant and for violating the Carrier's operating rules.

We also find support in our contention in the opening statement made by Carrier's Supervisor who conducted the investigation, he stated as follows:

"The object of this investigation is to develop all facts in connection with accident that occurred near M.P. 12 between Centralia and Chester, Va. at 1:55 P.M. October 23, in which you allowed motor car to be struck by Local Freight North, Extra 115."

There is nothing in the notice or the above remarks to alert the claimant that a hearing was being held for the purpose of determining whether he was innocent or guilty of a rule violation.

Did the claimant and his representative waive the provisions of Rule 46(a) by proceeding with the investigation?

Our answer must be in the negative, and our position is supported by Third Division Award No. 2806 which states in part:

This lack of waiver is most evident in light of Carrier's opening remarks at the investigation. Claimant believed he was at a fact finding investigation. Therefore, we are of the opinion that the claim should be sustained.

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 this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

AWARD