Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28694
THIRD DIVISION Docket No. MW-28611
91-3-88-3-454
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline (10 demerits) imposed upon Crane operator 0.
Salaiz for alleged
'...
responsibility for the collision between truck 11524
and payloader 8320 at approximately 11:00 a.m., August 18, 1987
....'
was
arbitrary, capricious and in violation of the Agreement (System File SAC-587/UM-38-87). .
(2) The Claimant's record shall be cleared of the charges leveled
against him, the ten (10) demerits imposed upon him shall be removed and he
shall be compensated for' any wage loss suffered."
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.
The Claimant, a crane operator, was issued discipline of ten (10)
demerits for the charged responsibility for a collision between the payloader
he was operating and a truck on August 8, 1987. Before the merits can be
addressed, the Board notes the Organizatton argues the Claimant was not afforded a fair and i
preferring charges. The Organization contends Rule 57(a) is clear and supports its position. Rule 57
"An employee in the service sixty (60) calendar
days or more will not be disciplined or dismissed without first being given a fair and
impartial hearing before an officer other than
the officer preferring charges. If the offense
is considered sufficiently serious, the employe
Form 1 Award No. 28694
Page 2 Docket No. MW-28611
91-3-88-3-454
may be suspended pending the hearing and decision. At the hearing the employe covered by
this agreement may be assisted by representatives of the Brotherhood, party hereto. The
hearing will be held within ten (10) days of
date when charged with the offense or within ten
(10) days after completion of hearing. Prior to
the hearing the employe will be notified in
writing of the precise charge against him, after
which he will be allowed reasonable time for the
purpose of having witnesses and representatives
of his own choice present at the hearing."
The Carrier maintains the Hearing Officer was not the Charging Officer claiming Superintendent D
Investigation be held. The record, however, establishes that S. C. Chambers
issued the August 21, 1987, notice of charges and clearly identified himself
as the Hearing Officer on September 21, 1987. Given these indisputable facts,
this Board must sustain the Organization's Claim.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J- D e Executive Secretary
I .
Dated at Chicago, Illinois, this 28th day of February 1991.