NATIONAL RAILWAY ADJUSTMENT BOARD

Award ;lumber 20661

THIRD DIVISION Docket :lumber SG-20191

David P. Twomey, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

(Erie Lackawanna Railway Company

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Erie Lackawanna Railway Company that:

(a) Carrier violated the Signalmen's Agreement, particularly Rule 60, when it did not afford Leading Intersimone a fair and impartial investigation in connection with alleged charges dated November 5, 1971.

(b) Carrier should compensate Mr. S. A. Intersimone for

all time lost, including overtime, resulting from the discipline of
10 days suspension. _
/General Chairman's File: 425 -- Carrier's File: 199 Signalmen/

OPINION OF BOARD: At 3:20 P.M. on November 2, 1971, the signal and
switch appliances at Millburn Interlocking failed
to function. The claimant, contrary to posted instructions, improperly
manipulated the equipment connected with the control of these appliances.
The result was that Claimant defeated the "fail-safe" feature of the
appliances and allowed commuter trains to pass through the signal with
absolutely no protection being provided. An investigation was held at
which Claimant admitted responsibility and based on this he was
assessed ten days actual suspension.

The Organization claims that the Claimant did not receive a "fair and impartial hearing" because (a) the Carrier's Hearing Officer refused Claimant's represen and (b) because different officers of the signal department brought charges and acted as prosecutor,judge and jury. We shall deny this claim. Concerning the sequestering of witnesses, awards of this Division have held that unless a rul called to testify separately, it is nor a violation of the employee's right to a fair and impartial hearing: this is especially so where there is no valid basis for exclusion propounded at the time of the hearing. Concerning the Organization's second contention, that the Claimant was not afforded a fair and impartial hearing because different officers of the signal depa as prosecutor, judge and jury, we find such contention contrary to many decisions of this Division, which hold that it is proper procedure for one officer to prefer th and another to render the decision.

Award Number 20661 Page 2

Docket Number SG-20191

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 the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJITSTM7 BOARD

By Order of Third Division

ATTEST:
Executive ecretar~'y

. Dated at Chicago, Illinois, this 21st day of March 1975.