(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Kansas City Terminal Railway Company


          STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood

          of Railroad Signalmen on the Kansas City Terminal

          Railway Company:


          (a) Carrier violated the Signalmen's Agreement when it improperly suspended and improperly charged Traveling Signal Maintainer C. G. McKay for an alleged offense allegedly occurring on December 7 and 8, 1971.


          (b) Carrier should reimburse C. G. McKay for expenses he incurred in connection with the Investigation, and pay him for all time lost resulting from the 30 days suspension. Carrier should also be required to clear Mr. McKay's record of the charges and suspension. fCarrier's File: SG-2.72.3)


          OPINION OF HOARD: The Claimant, following formal investigation, was

          found guilty of violating Rules 0, I and L of the

          Carrier's Rules and Regulations and assessed 30 days actual suspension.


          Procedurally, the Organization contends that the Carrier did not charge the Claimant with a "precise charge" as required by Rule 701(c). Further, the Organization contends that the contents of Rules 0, I and L are not properly before this Hoard.


          The Carrier contends that the Claimant was properly charged; and that the Claimant admitted during the investigation that he was familiar with "Rule 0", the rule under which he was charged.


                Rule 701(c) states in part:


                "The employe alleged to be at fault shall be apprised in writing of the precise charge or charges


                The Carrier's charge fC-arrier's Exhibit ) reads as follows:


                "You are being charged with possible violation of Rule 0 of the Kansas City Terminal Railway Company Hook of Rules and Regulations during your tour of duty on Tuesday and Wednesday, December 7 and 8, 1971, and any other rule violation which may be determined in the investigation."


1
                    Award Number 20560 Page 2

                    Docket Number SG-20135


        The Carrier's findings fCarrier's Exhibit 3 read as follows:


        "After reviewing contents of the formal investigation, the evidence presented indicates that you were guilty of violating Rule 0 of the Kansas City Terminal Railway Company Rules and Regulations. By your refusal to answer questions put to you in connection with violating Rule I, you are found guilty of violating Rules I and L of Kansas City Terminal Railway Company Rules and Regulations. You are hereby suspended from service for a period of 30 calendar days, beginning December 8, 1971, through January 6, 1972, inclusive."


Nowhere in the charge against Claimant fCarrier's Exhibit 1, above7 or in the transcript of the investigation were the possible violations of Rules I and L brought up. Yet the Carrier in its findings letter quoted above fCarrier's Exhibit 37 found the Claimant guilty of violating Rules I and L, in addition to Rule 0. We thus find that the charge was "not precise" and in violation of Rule 701(c) of the Agreement of the parties.

 Further, nowhere is the language of Rules 0, I or L presented to this Board by the Carrier. Fundamental fairness requires that this Board study the rule or rules under which Claimant was disciplined as well as the evidentiary record in order to judge whether the evidence conforms to and relates to the violation of the specific rules. This Board is left to speculate concerning the contents of Rule 0 as well as Rules I and L; and this we cannot do. The Carrier has the burden of proof in discipline cases to demonstrate that it has proven its charge at the investigation and that its decision was not unreasonable. Inherent in its burden of proof is contents of applicable rules alleged to have been violated.

 We thus will sustain the claim. Since there is no showing of expenses incurred in connection with the investigation, the segment of the claim asking for such expenses is rejected. Further, under Article X of the November 16, 1971 National Agreement, the Carrier may deduct any outside earnings from pay due Claimant for lost time.
                    Award Number 20560 page 3

                    Docket Number SG-20135


        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.


                    A W A R D


        Claim sustained as outlined in the opinion.


                          NATIONAL RAILROAD ADJUS77= BOARD

                          By Order of Third Division


ATTEST:
                z4awo .0"

          Executive Secretary


Dated at Chicago, Illinois, this 13th day of December 1974.

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