(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The three (3) days of suspension imposed upon Mr. W. Faichney, III for alleged responsibility in connection with alleged 'serious and expensive damage caused by your failure to keep various nuts and bolts tightened' on the tamping machine was unwarranted, on the basis of unproven charges and in violation of the Agreement (System File PPUT-3888/M-TC-45-83).

 (2) The claimant's record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimant was accused of failure to keep "... various
 nuts and bolts tightened" on a tamping machine while
 operating it. This allegedly caused "... serious and expensive damage" to the
 machine. After an Investigation was held on July 26, 1983, the Claimant was
 advised on August 3, 1983, that he had been found guilty as charged and he was
 assessed a three (3) day suspension. The discipline was appealed by the Organ
 ization in the normal manner. Absent resolution of the dispute on property
 this case was docketed before the Third Division of the National Railroad
 Adjustment Board for final adjudication.

 The Organization objects to the discipline on both procedural grounds and on merits. It is the position of the organization that the Carrier was in violation of Rule 17(a) of the Agreement which reads, in pertinent part, as follows:

A review of the record shows that the Carrier officer preferring charges by notice dated July 12, 1983, was Chief Engineer E. J. Dean. The Transcript of Investigation shows that the Hearing officer was the same Chief Engineer. The Board notes that the discipline was also assessed by the same Chief Engineer. The Vice Chairman of the organization correctly points out this procedural violation of Rule 17(a) in the first level of appeal. An analysis of the Transcript also shows evidence of leading questions by the Hearing Officer
                        Docket Number MW-26232


which provides further grounds for concluding that a Rule 17 violation was conmitted by the Carrier during the conduct of the Hearing itself. Various Divisions of the National Railroad Adjustment Board have precedentially ruled that such procedural errors are sufficient grounds for sustaining claims (see Second Division Awards 6795, 8468; Third Division Award 20014; Fourth Division Awards 1204, 2684). Such also serves as bar to further consideration of the merits of the instant case.

        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.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:~r~
 Nancy er - Executive teary

 Dated at Chicago, Illinois this 24th day of November 1986.