NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number M-22086
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE
(The Alton & Southern Railway Company
STATEMENT OF CLAIid: "Claim of the System Committee of the Brotherhood
that:
(1) The suspension of Caboose Supplyman J. W. Dace from
January 26 through February 24, 1976 was without just and sufficient
cause and on the basis of unproven and disproven charges (System File
Am 1976-1/K 1638-55).
(2) Superintendent Needham failed to give reasons for his
denial decision dated February 18, 1976.
(3) As a. consequence of either or both (1) and (2) above,
the claimant shall be paid for all time (overtime and straight-time)
lost during said suspension period.*
OPINION OF BOARD: We find ourselves deterred from reaching consider
ation of the merits of the January 26, 1976 through
February 24, 1976 disciplinary suspension imposed on Claimant by
Carrier because of contention raised by Employes that, in the course of
appeal procedures, Carrier's Superintendent failed to state the reasons
for his notification therein that appeal was denied.
The chronology of this matter shows that Carrier, taking
cognizance of a charge by its supervision, that on January 15, 1976,
Claimant was derelict in his duty as Caboose Supplyman by failing
properly to supply a caboose alleged to have been part of his expected
responsibility, summoned Claimant to an investigation to take place on
January 22, 1976 to determine the facts thereon.
After investigation was concluded, Carrier's Superintendent
(Needham) sent Claimant, a notification, under date of January 23,
1976, that his reading and study of the transcript of investigation
showed Claimant to have failed properly to supply the caboose in
question on the date involved and that as a result thereof, Claimant
would be subjected to 30 days actual suspension January 26th through
February 24, 1976 inclusive.
Award Number 22118 Page 2
Docket Number Mg-22086
Under date of February 13, 1976, General Chairman Bradford
appealed by letter to Superintendent Needham from the discipline i=osed
on Claimant, specifying reasons for his position.
Under date of February 18, 1976, Mr. Needham wrote to
Mr. Bradford, as follows:
Dear Sir:
"Reference to your letter of February 13, 1976 in
connection with your appeal of decision made January
23, 1976 in assessing Mr. John W. Dace 30 days
actual suspension.
'This is to advise that your claim in behalf of
Mr. Dace for eight (8) hours each day and all
overtime to which he might have been entitled
if he had been permitted to work these dates at
track laborers rate of pay is respectfully
declined."
By letter dated March 10, 1976 General Chairman. progressed
the appeal to Carrier's Director of Labor Relations and therein raised,
among other matters, a contention that in his earlier response to the
General Chairman, Superintendent Needham had violated Rule 20B of the
Agreement between the parties by not giving a reason for disallowing
the time claim made therein on behalf of Claimant.
Section 1 (a) of Rule 20B in specifying method and time
limitations for claims or grievances states, in part:
"Should any such claim or grievance be disallowed,
the carrier shall within 60 days from the date
same is filed, notify whoever filed the claim or
grievance (the employee or his representative) in
writing of the reasons for such disallowance. If
not so notified, the claim or grievance shall be
allowed as presented."
We agree with Organization that Superintendent Needham's
reply of February 18, 1976 contained nothing which could reasonably
be construed as reasons for his disallowance of claim which said letter
announced.
Award Number 22118 Page 3
Docket Number MW-22086
Carrier contends that inasmuch as the Superintendent had
supported his suspension notice of January 23, 1976 by specifying
reasons therefor in said letter, it was not necessary to repeat them
again in the reply to appeal claim. But, Section 1 (a) of Article 20B
makes it quite clear that a claim is to be regarded as having separate
identity from a discipline notice and puts an obligation on the
Carrier receiver thereof to display a posture of having given it
consideration, as such, and supplying reasons for his decision on the
request made. Such express mandate is not satisfied by a contention
that inasmuch as the same individual has previously taken a position
on and explained his reaction to the hearings in respect to the
subject of said hearing, he.need not now give reasons for rejection. of
an appeal therefrom, on the presumption that his reasons may be deduced
or inferred from his earlier statement in the earlier letter. To
depend on such inference would be to tolerate a transfer of an
obligation for analysis, explanation and specific communication thereon
put on management in this clause, to a conjectural presumption unfairly
imposed on Claimant and nullify the obvious purpose of the clause to
demonstrate full and responsive consideration of the claim raised.
FINDINGS: The Third D_vision 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 Etnployes 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.
P. W A R D
Claim sustained..
NATIONAL RAILROAD ADJL'STi= BOARD
By Order of Third Division
AT'T'EST:
Executive Secretary
Dated at Chicago, I_linois, this 16th day of June 1978.