(Brotherhood of Railway, Airline nod Steamship Clerks, ( Freight Handlers., Expr as and Station Employes PARTIES 'TO DISPUTE: ( (The Belt Railway Company of Chicago

1. Carrier violated the effective Clerks' Agreement when, following as investigation on October 18, 1978, it assessed discipline is the form of n reprimand against the record of Mr. Lorenro Alcaras;

 2. Carrier shall now remove the reprimand from Claimant's record sad shall clear his record of the charge placed against him and shall pay Claimant three (3) hours' pay at the pro rata rate of his position for attending the Investigation.

 OPINION OF In a companion case, Third Division Award 23301,
 involving the same Organization and the acme Carrier., we
 held that a letter of reprimand issued for alleged excessive absenteeism vas
 unjustified, since the notice of investigation delineating the charges and
 scheduling the investigative hearing and the transcribed Investigative record,
 did not contain explicit references to prior admonitory notices. The cause
 effect relationship needed to demonstrate as implicit obligation to cover
 and justify future absences, vas not developed at the hearing.

 In the case before us, we have a similar factual configuration. Carrier did not mention or cite any specific prior earnings at the October 18, 1978 investigation such as its April 23, 1978 letter from the Supervisor Car Operations until March 13, 1979 sad then again when it prepared its ex parts submission for this Division. In both cases, the reference to prior warnings were noted after the investigation, contrary to the letter and spirit of Agreement Rule 26 which pointedly states that an employs will not be disciplined without investigati that all the pertinent facts, proofs and arguments be adduced at the investigative trial to establis to this process if we permitted new data to enter the record subsequent to the investigation in the absence of the parties mutual acquieseace. Such is not the case here. Carrier introduced these prior warnings after the October 18, 1978 investigation and its belated efforts prejudiced Claimant's defense. The time to introduce these letters vas at the investigation, not after it was completed. Upon the record and for the foregoing reasons, we are constrained to sustain Claimant's petition.






That the Carrier and the $nployes involved in this dispute are respectively Carrier and Hoployea 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



        Claim sustained.


                              NATIONAL RAILROAD ADJU3MNT HOARD

                              By Order of Third Division


ATTEST:__Kbe~
          cutive Secretary


Dated at Chicago, Illinois, this 15th day of May 1981.

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