NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 25068
THIRD DIVISION Docket Number MW-24961
I. M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (former
Penn Central
( Transportation Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The disciplinary disqualification of Mr. F. Black as 1&R Track
Foreman for alleged 'Violation of Section 213.7, Paragraph (a), Items (2) (i)
(ii) (iii) of the MW-4 Manual for Constructions and Maintenance of Track',
alleged 'Failure to provide required information on I&R Inspection Reports" and
alleged 'Violation of Section 213.235, Paragraphs (a) and (b), of the MW-4
Manual for Construction and Maintenance of Track' was without just and sufficient
cause, on the basis of unproven charges and in violation of the Agreement (System
Docket 617).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant herein received a Notice of Investigation, dated
August 18, 1980, with the following charges:.
"1. Violation of Section 213.7, Paragraph (a), Items (2) (i) (ii)
(iii) of the MW-4 Manual for Construction and Maintenance of
Track which reads, '(2) Each person designated must have demonstrated
to the railroad that he: (i) knows and understands the requirements
of this part; (ii) Can detect deviations from those requirements;
and (iii) Can prescribe appropriate remedial action to correct
_ _ or safely compensate for those deviations.'
2. Fa)1Jure to provide required information on I&R
Inspection Reports
.
i
3.1 Violation of Section 213.235, Paragraphs (a) and (b), of the MW-4
Manual for Construction and Maintenance of Track which reads,
,'~(a) Each switch and track crossing must be inspected on foot
'~ `-'>)-~..,,tt0
-"';,at
least monthly, except as provided in paragraph (b) of this section .
...-.~'~ (b) In the case of track that is used less than once a month, each
switch and track crossing must be inspected on foot before it is used.'
These violations are in
connection with
defects found and violations
filed by June 10, 1980; June 11, 1980; and June 12, 1980, by FRA
Inspector over tracks that you recently inspected."
Following the investigative hearing, Claimant was notified that he was found
guilty and was disqualified as an I & R Track Foreman by notice dated September
29, 1980.
Award Number 25068
Locket Number MW-24961
Page 2
As an initial position Petitioner alleges that the charges were vague
and prevented Claimant from mounting a proper defense. Carrier denies this
allegation. An examination of the record of the investigation as well as the
charges, supra, supports Petitioner's position. The charges were indeed vague
and totally inadequate on a prima facie basis; nevertheless, Carrier did raise
at the investigation specific violations related to each of the three charges.
Serious accusations, such as those herein, must contain specific information
with regard to the time, date and nature of the alleged infractions. Such
information was lacking and makes the task of defending (much less the
reviewing authority) virtually impossible. Thus, this Board cannot reach
either the merits of the dispute or the other arguments presented: the claim
must be sustained.
Following his disqualification Claimant secured his position with
Carrier which resulted in no reduction in earnings. In addition, the record
indicates that Claimant subsequently retired. While it is clear that this
entire matter is moot, the only remedy is to remove the disqualification from
Claimant's record.
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.
Claim sustained in accordance with the Opinion.
~RECEIVf~\
ryV
R
1984
NATIONAL RAILROAD ADJUSTME ~ap~-~pn
By Order of Third DivzszoiCE·a)
ATTEST: ~ z
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 4th day of October 1984.