NEW YORK CENTRAL RAILROAD
(Southern District)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the New York Central Railroad (Southern District), that:
OPINION OF BOARD: We are convinced, after studious review, that the disciplinary action taken by the Carrier was neither arbitrary, capricious, nor unjust.
If we held in favor of the Employes, we would have to do so on procedural grounds. It is true that the investigation hearing commenced August 6, 1965, left much to be desired, as the General Chairman so ably pointed out. If an appeal had been processed after the closing of the August 6th hearing, the Employes would have had a stronger case in winning this Claim on procedural grounds; however, the Employes later agreed to have the initial hearing continued until August 12, 1965. Mr. Foster, the Transportation Superintendent, in his testimony at the August 12th hearing (at which hearing the General Chairman was present) stated in answer to a direct question that on August 10, 1965, an agreement was reached between him and the General Chairman to continue the August 10th hearing to a later date, ' . . Thursday, August 12th, being one of the acceptable days .
Mr. Cole, who was the General Chairman involved, was present and did not challenge the truth of the statement then made by Mr. Foster. After this statement was made, the August 12th hearing was terminated and the stenographer made the following notation:
This compels us to conclude the continuance from August 6 to August 12, 1965, was by agreement, and, consequently, we hold that the defects which apparently existed in the August 6th hearing were waived. Of more importance, a study of the entire record shows that the Claimant was not deprived of the benefit of due process of law.