4865
Award No. 16586
Docket No. MW-16948
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Jerry L. Goodman, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The dismissal of Trackwalker William S. Aiken was without just and sufficient cause and in violation of the Agreement
because of the flagrant disregard for the effective time limitations
set forth within Rule 14.
(2) Mr. W. S. Aiken be reinstated and compensated for wage
loss suffered by him and his record cleared of the charge, all in
compliance with Rule 14 (d).
OPINION OF BOARD:
On May 13, 1966 Claimant was arrested on a
charge of larceny and was removed from service pending disposition of his
case by the Court. On May 26, 1966, Claimant pleaded guilty to the charge
and was sentenced. Subsequently, on June 2, 1966, Carrier held a hearing on
the property which resulted in Claimant's dismissal from service on June 8,
1966.
Section (B) of Rule 14-Discipline governs the disposition of this caseThat section provides:
"(B) Employes for whom a roster standing has been established will not be disciplined or dismissed without a fair and impartial hearing. Suspension pending hearing will not be deemed a
violation of this principle. It will not be the policy to suspend employes pending a hearing for relatively minor offenses.
The hearing will be held within ten (10) calendar days of date
when charged with the offense or held out of service. Decision will
be rendered within ten (10) calendar days after completion of
hearing."
Since the hearing in the instant case was not conducted until twenty days
after the Claimant had been held out of service, the above provision was.
violated.
The claim will, therefore, 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 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
That the Agreement was violated by the Carrier.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of September 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16586 2