NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22332
James F. Scearce, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Kentucky & Indiana Terminal Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(G1r8479) that:
1. Carrier violated the Agreement when, without just cause,
it dismissed from service, for five (5) working days, Clerk Mac A.
Sullivan effective Thursday, September 30, 1976.
2. As a consequence Carrier shall:
(a) Pay Mr. Sullivan the amount of wages he would
have earned absent the violative act.
(b) Pay Mr. Sullivan interest at the statutory
rate for the State of Kentucky for any amounts
due under (a) hereof.
(c) Remove from Mr. Sullivan's work record, this
charge and the entire transcript of the investigation held in the Agent's office at
9:00 a.m. on Thursday, September 23, 1976.
OPINION OF BOARD: On August 31 a letter was directed to the claimant
charging him with violation of Bulletin No. 113
on August 26.
Rule 24 requires a precise charge be made of matters under
investigation within fifteen days after knowledge of alleged offense.
It is clear from the record that Carrier had knowledge August 26.
Fifteen days after August 26 would have been September 10. Under
date of September 27 the claimant was disciplined for violation of
Bulletin No. 234 on August 26. The Carrier, in order to properly
have disciplined claimant for a violation of Bulletin No. 234,
Award Number 22429 Page 2.
Docket Number CL-22332
,i
would have had to charge him with a violation of Bulletin No. 234 on
or before September 10. Claimant was not charged with a violation
of Bulletin No. 234 until September 17 when the original. charge-was
"revised". The Carrier argues the claimant's September 3 letter
requesting postponement stay and extend all the-. time limits.. It can
only be said the action extended the time limits. in which to hold
a hearing not the time limits in which to make a-precise charge
The portion of the claim related to interest is denied;
the remainder of the claim is sustained.
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 set out in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: / ~/~
-Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1979.