NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Nicholas H. Zumas, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
NORFOLK AND WESTERN RAILWAY COMPANY
(LAKE REGION)
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement, particularly Rule 22, when
it disciplined Assistant Section Foreman Bernard Julio following an investigation held on December 16, 1964 to determine his
responsibility, if any, in connection with motor car No. 1450 in
his charge being struck by westbound train No. 51, engine No.
455, on the main track at approximately Mile Post 96.45 west
of the west end of the passing track at Swanville, Pa., at
approximately 9:40 A.M. on Tuesday, December 8, 1964. (Carrier's
file 30-20-123)
(2) The Carrier, at the investigation mentioned in Part (1) of this
claim, failed to prove that Bernard Julio was responsible for the
collision.
(3) The Carrier shall be required to strike the charge from the
claimant's record and to allow him payment for the assigned
working hours actually lost, less any earnings in the service of
the company in compliance with the provisions of Section (e)
of Rule 22.
OPINION OF BOARD: Award 12814, involving a dispute on this property, held that the Carrier failed to apprise Claimant properly of the
charge against him in violation of the rule, and thus denied Claimant due
process.
The "Charge" and the rule in Award 12814 are substantially identical to
those in the instant dispute. This Board is not prepared to hold that award
palpably erroneous, and is consequently bound thereby.
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.
AWARD
The Claim is sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicato, Illinois, this 16th day of May 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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