NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-20916
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Robert W. Hlanchette, Richard C. Bond and John H.
McArthur, Trustees of the Property of Penn Central
Transportation Company, Debtor
STAT^rMNT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7713) that:
(a) The Carrier violated the Rules Agreement, effective February 1,
1968, particularly Rule 7-A-1, when it denied a request for an investigation, under the provisions o
Office of Revenue and Car Accounting, System General Office, Philadelphia,
Pa.
(b) Upon finding for the Claimant, the Board is requested to assess
a suitable penalty upon the Carrier solely for the purpose of enforcing the
provisions of the Agreement, in particular Rule 7-A-1.
OPINION OF HOARD: The record before us attests that the Claimant did con
sider himself harassed by repeated testing after being
awarded the position in question. The Organization requested a hearing in
accordance with Rule 7-A-1 to determine the facts surrounding the grievants'
disqualification. The request for a hearing was timely. A hearing to de
termine the facts surrounding the grievants' disqualification was and is
pr-per and in order. Therefore we will remand this case back to the parties
for a hearing on appeal and representation as provided in Rule 6-A-1. Such
a hearing is to determine the facts surrounding the grievants disqualifica
tion.
Any wage loss of Claimants would be the subject of a dependent claim
for compensation filed by the Organization in Claimant's behalf. Therefore
at this time we will dismiss B of the statement of instant claim.
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;
Award Number 21272 Page 2
Docket Number CL-20916
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 Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
This claim is remanded back to the parties to determine the facts
surrounding grievants disqualification. That part of the claim requesting
e suitable penalty is dismissed.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
ExecutAlo
P
Dated at Chicago, Illinois, this 15th day of October 1976.