NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19642
C. Robert Roadley, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(George P. Baker, Richard C. Bond, Jervis Langdon, Jr.$
( and Willard Wirtz, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Penn Central Transportation Company
(former New York Central Railroad--Company-Lines West of Buffalo) that:
(a) Carrier violated the current agreement between this organization
and the former New York Central Railroad Company, Lines West of Buffalo, effective March 1, 1951, as
October 12, 1970, it disciplined Leading Signal Mechanic B. I. Clawson, Signal
Mechanics C. A. Riffle and T. L. Adams, and Assistant Signal Mechanics W. J.
Long and G. L. Hewitt, without first affording them a proper hearing as required
by paragraph (a) of that rule.
(b) Carrier should be required to clear their personal records of
any reference to this discipline, compensate them for any and all time lost
because of it, and for any time spent traveling to and attending the October 1,
1970 investigation, reimburse them for transportation and any other expenses incurred in connection
compounded monthly, on all money payable under this claim, with this interest
to commence November 1, 1970 and continue until money is paid.
OPINION OF BOARD: The facts and circumstances in this case are identical to
those in Third Division Award 19965 except that the
claimants here are the members of the Gang of which the claimant in the pre
ceding Award was the Foreman. The primary issue raised by Petitioner, as in
Award No, 19965, is whether claimants received a proper hearing in accordance
with Rule 51 of the Agreement. Again, Petitioner avers that a precise charge
was not furnished by the Carrier prior to the hearing.
The principle set forth by the Board in its determination in Award
No. 19965 has equal application in the instant case regarding the question
of a proper hearing, wherein we found that claimant had been afforded a fair
and impartial hearing and that Carrier had not abused its discretionary authority
in the assessment of discipline. To belabor the point in this case would serve
no useful purpose. As a matter of fact, it would appear, in light of the circumstances, that the dis
Award Number 19967 Page 2
Docket Humber SG-19642
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 Eh:ployes 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 determination in Award No. 19965 has equal application to this
case and we will deny the claim for the same reasons as stated therein.
A W
p R
Claim denied.
NATIONAL RAILROAD ADJUSTIENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of September 1973.
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