NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Claude S. Woody, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the New York, New Haven & Hartford
Railroad Company, that:
1. The telegraphers' agreement was violated, when, on March 25,
1962, Mr. E. D. Fulton, Operator, Boston Division, was assessed
discipline in a manner not consistent with the terms of the agreement in that he was not informed of discipline within the time limits
prescribed by said agreement.
2. Mr. Fulton shall be reimbursed for the time lost while held
out of service from March 8, 1962, until March 19, 1962, eleven days,
at the rate of the position held at the time of discipline hearing, and
his personal record cleared of discipline in connection with the hearing
held March 14, 1962.
OPINION OF BOARD:
The issue involved in this case is whether
Carrier has violated the applicable Agreement, to wit:
"ARTICLE 27(b).
* * * The employe shall be notified of any discipline assessed
within ten (10) days from the date of hearing.* * * "
by delivery of the required notice to a fellow employe at claimant's usual
place of business, for relay delivery to claimant. Claimant actually received
the notice on the eleventh day after the date of hearing.
The record shows Carrier knew or should have known that claimant
would not return to his usual place of business until the date of the delivery
(R. 9). There is evidence of past practice to dispatch such notices via United
states mail (R. 9). The notice next preceding the notice in question was, in
fact, dispatched by United States mail directly to claimant's home.
Carrier has not satisfied its burden of proof that the notice was timely
given and, therefore, the claim will be sustained.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved is 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
That Carrier violated the Agreement.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
15702