STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Division, BRAG, on the Boston & Maine Corporation, T-C 5725, that:
OPINION OF BOARD: On September 13, 1968, Carrier forwarded to Claimant a notice of hearing, which read as follows: "Arrange to be in my office at 10:00 A. M. September 18, 1968, for a hearing to develop all the facts in connection with your failure to perform your work properly and conduct unbecoming an employe." Following said hearing, Claimant was notified that he had been found guilty of not complying with instructions from General Yardmaster and Yardmaster at Tower 5 promptly and questioning the validity of such instructions, and consequently, he was suspended from work and assessed marks as discipline for the infraction.
The sole question before us is whether the Carrier violated Article 14 of the applicable Agreement in disciplining Claimant. Article 14 states, in pertinent part, "at a reasonable time prior to the hearing, the employe will be apprised in writing of the precise charge against him."
We do not believe Claimant was so apprised. He was charged with "failure to perform your work properly" and "conduct unbecoming an employe!' Clearly, these were not precise charges within the purview of Article 14. The notice was void as to the day, time and place where the alleged offense was perpetrated. The notice certainly would not enable the Claimant to know in a meaningful way how to prepare his defense. Article 14 as well as due process of law guarantees Claimant, at the very least, this procedural safeguard. He was deprived of it in this instance.
There is conflict in the Record as to whether Claimant was deprived of five or six days' pay. Due to this conflict, the Board is unable to ascertain, with certainty, the exact compensation due Claimant. Therefore, we direct the parties to do so from an examination of the records.