THIRD DIVISION

(Supplemental)




PAR71ES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


THE CHESAPEAKE AND OHIO RAILWAY COMPANY

(Pere Marquette District)


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5131) that:








OPINION OF BOARD: The issue in this case is whether the written notice of charges against Claimant were specific and precise enough to enable him to prepare his defense. According to the Organization, they were not, and Claimant was, therefore, denied the fair and impartial hearing required by Rule 22 of the Agreement between the parties.


In a letter, dated February 28, 1961, notifying the Claimant of the hearing, the charges are stated as follows:




Examination of the transcript of the hearing convinces us that the notice was specific and precise enough so that Claimant understood from it what the incident was which was the basis for the charges. There is no evidence that lack of further detail prevented him from preparing as adequate as possible a defense: Claimant and two witnesses brought with him testified in his behalf; he was represented, at his request, by General Chairman



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Lazar; neither Claimant nor the General Chairman requested time to prepare additional material for the defense; nor did either indicate any relevant specific of which he became aware for the first time at the hearing, the lack of which prejudiced Claimant's ability to prepare a defense. The transcript also shows that Carrier's decision that Claimant was guilty was neither arbitrary nor capricious, and the penalty imposed was not beyond reason.


FINDINGS: The Third Division of the Adjustment Board, 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












Dated at Chicago, Illinois, this 8th day of April 1965.