NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19484
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(The Illinois Central Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when Charles Miller was summarily
dismissed by Foreman G. F. Jatho on September 26, 1969 without benefit of a
fair and impartial hearing as required by Rule 25(a) (System File SLN-93-L69/Case No. 692 MofW).
(2) Mr. Charles Miller be paid at the extra gang laborer's rate of
pay for each day he was out of service from September 26, 1969 until December
26, 1969.
OPINION OF BOARD: The Organization contends that the Carrier improperly
discharged the claimant without a hearing as provided in
Rule 25(a) .. "employees shall not be disciplined or dismissed until after a
fair and impartial hearing,"
The Carrier contends that even though the claimant may have been
improperly removed from service by the foreman on September 26, 1969, the claimant was notified by t
suspended from service and that an investigation would be held on a charge of
insubordination.
The record in this case clearly indicates that the claimant was improperly held out of service f
date of the investigation. There have been many awards which held that a delay
in notifying the claimant of an investigation did not vitiate the entire proceedings. (See First Div
Second Division Award #6360, Referee Bergman said: "This Board is capable of
sifting the chaff from the wheat' and confining its findings to the relevant
testimony. The claimant had ample opportunity to develop facts in his defense."
When the facts in this case were brought out at the investigation,
they supported the Carrier's contention that there was just cause for discipline.
This Board finds that the claimant is entitled to eight (8) hours pay
for each day from September 26, 1969 to October 13, 1969, the period that he was
improperly out of service pending investigation.
~i
,a
Award IhLnber 19842 Page 2
Docket I;uuber ;tW-19484
FINDINW: The Third Divizion of the Adjustc,j:jt Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Ermloyes involved in this dispute are
respectively Carrier and LTployes within the meaning of the Rail:zy Labor Act
as approved June 21, 193+;
That this Division of the Adjustzeut Board has jurisdiction over the
dispute involved herein; and
The Agreement was violated.
A W A E D
Claim (1) is granted as modified.
Claim (2) is granted as modified,
NATIOMAL RAIL; C,1D I.DJUSTI..-I:i BOARD
By Order of Unird Division
ATTEST:
E'~G
xecutive Secretary
Dated at Chicago, Illinois, this 13th day o!
July 1973,