THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Railway, that:
OPINION OF BOARD: This claim arises by reason of discipline imposed on Claimant after a derailment on May 18, 1959. Claimant was the regularly assigned second trick telegrapher at "KY" Tower, Knoxville, Tennessee, prior to his dismissal on May 18, 1959. He was reinstated on July 18, 1959 and now claims compensation for the time lost while being held out of service between May 28 and July 18, 1959.
Claimant's major contention is that he was not properly notified in writing of the charges that were placed against him following the derailment as required by Rule 29 (b) of the Agreement. This rule reads as follows:
Claimant points out that this did not specify charges against anyone and purports to notify him of an investigation "to determine facts and develop responsibility" for the derailment in question. He cites several awards, including Awards 3011, 12814, and 11019 for the proposition that the notice must be more specific and definite with regard to the charges. He then contends that the investigation and the subsequent discipline was void by reason of the defective notice.
Carrier takes the position that the notice served its proper purpose in that it alerted the Claimant to the subject matter of the hearing and allowed him to properly prepare his defense. They further counter Claimant's argument by pointing out that at the investigation, as a preliminary matter, Claimant admitted receipt of the notice, that he understood the charges placed against him, that he understood the subject and purpose of the investigation, that he was ready to proceed, that he declined when asked if he desired a postponement, that he had a witness of his own choosing to aid him in his defense and that he elected to represent himself.
After carefully considering the record and the positions of the parties, we are compelled to deny the claim. We are unable to find any evidence which would indicate that the Carrier acted in violation of the Agreement. If the notice of the investigation was in any way defective, there is no evidence that Claimant was misled in any way thereby. On the contrary, it appears that he willingly elected to proceed and thereby waived any technical or procedural defects. It does not appear anywhere that he was harmed or treated unfairly in being allowed to defend himself against charges of acts which he both understood and admitted. For these reasons, we hold that the claim is without merit.
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