NATICIAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22095
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe
( Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Atchison, Topeka and
Santa Fe Railway Company:
(a) Carrier violated current Signalmen's Agreement,
particularly Article VI, Section 1-(a) which states: 'The record
(waiver of formal investigation) will show the precise nature of the
charge or charges and the discipline assessed.' It also violated
Article IX, Section
3.
(b) Carrier should be required to remove from the personal
record of William H. Little, the 15 demerits that were assessed thereto,
and also to compensate him for the time lost as the result of the above
investigation, in the amount of 4 hours at his pro rata rate of pay."
General Chairman file 712. Carrier file 14-680-1J
OPINICT OF BOARD: Claimant was assessed
15
demerits after an
investigation where it was determined that he had
violated rule
755,
Rules of Maintenance of Way and Structures. This
claim was progressed on the basis that Carrier violated Section 1-(a)
of Article VI of the Signalmen's Ageement by failing to advise Claimant
of the precise charge against him prior to the investigation. A
further violation of Article IX section
3
is alleged. Said section
3
provides that "The Railway Company will not discriminate against any
committeeman who may be selected to represent other employes."
The notice of the investigation reads as follows:
"Arrange attend formal investigation to be held at the
Richmond Trainmaster's Office, gam, Tuesday, October 28,
1975, in order to determine the facts and place your
responsibility, if any, in connection with your allegedly
using Santa Fe Railway communications system to conduct
private business while on duty as Signal Maintainer at
Award Number 22264 Page 2
Docket Number SG-22095
"Pinole, Ca., on October 2, 1975, possible violation
Rule 755, Rules Maintenance of Way and Structures,
Operating Department, effective January 5, 1975.
You may arrange for such representation and any
witnesses you so desire as provided for by your
Working Agreement or Schedule.
Please acknowledge receipt of this advice on
attached copy and return to this office.
G. E. Young"
The notice above quoted is well within the guidelines this
Board has set as to the sufficiency of the notice of the charge. There
is no question but that on the basis of the notice the claimant could
adequately defend against charges preferred against him. Further, we
find no evidence whatsoever of a violation of section
3
of Article IX.
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 not violated. /
A W A R D
Claim denied. : -
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 12th day of January 1979.