Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27985
THIRD DIVISION Docket No. SG-27777
89-3-87-3-267
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (Seaboard System Railroad
(SCL))
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Seaboard System Rail
road, the former Seaboard Coast Lines Railroad Company
(SCL):
Claim on behalf of Brother P. F. Pace that he be paid for all time
lost as a result of disciplinary suspension for thirty days (from April 10 to
May 9, 1986) assessed after investigation conducted on March 21, 1986.
Carrier file 15-47 (86-24) I."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a dispute requiring the Board to consider alleged procedural
violations of the Agreement. In the facts of this case, Claimant attended an
investigation held on March 21, 1986, into possible dishonesty associated with
inspection of territory and replacing missing bond wires.
By letter dated May 15, 1986, the Organization appealed the Claimant's thirty (30) days suspensi
received a transcript of the investigation. The Organization also pointed out
that the General Chairman had not received a copy of the letter assessing
discipline and was missing an exhibit to the transcript.
The Carrier contends that the appeal came after the thirty (30) day
time limit required by the Agreement and was therefore untimely. It further
argues that the evidence proved the Claimant guilty as charged and the technical violations did not
Form 1 Award No. 27985
Page 2 Docket No. SG-27777
89-3-87-3-267
The record before this Board shows that the Claimant requested an
appeal after the time limits had expired. The Organization admits by letter
of June 12, 1986, to the time limit default, but argues its cause to be the
Carrier's failure to notify the Organization of its discipline decision. We
find no probative evidence in this record to support that position.
The Board finds that the Carrier's failure to provide the Claimant a
copy of the transcript and to provide the Organization with a copy of the
discipline notice were improper and technical violations of Rule 47. Had the
Carrier not reached a decision (Third Division Award 2590), failed to reach a
decision within the time limits of the Agreement (Third Division Awards 5472,
3502, 8160, 10035, 11019), or failed to notify the employee (Third Division
Award 3697), this Board might have reached a different decision. Herein, we
can find no evidence that Carrier's technical violation prejudiced Claimant's
rights or undermined his opportunity to appeal.
This Board has held that the Carrier must hold to the procedural
requirements of the Agreement and failing to do so jeopardizes its case before
us. But when, as here, inadvertent errors cannot be shown by probative evidence to impair the Cl
specific Agreement language mandating remedy for said violations, overturn
Carrier's decision on procedural grounds (Third Division Awards 22703, 20423).
As to that decision, we have carefully reviewed the record. We hold
that the Carrier's discipline was fully warranted by the facts of this case.
Finding the Claimant's guilt proven and the procedural errors of the Carrier
to have no negative effects on the Claimant's Agreement rights, we will deny
this Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1989.