the Claimant a cautionary letter regarding work responsibilities. A copy of said letter was placed in the Claimant's personnel file.
On November 6, 1990, the organization submitted a formal request to the Carrier for removal of the cautionary letter from the claimant's file. The Organization contended that the reason that the Claimant and his passengers were not wearing seat belts was because they were just sitting in the car eating their lunches. The Carrier did not respond to the request. On January 30, 1991, the organization filed an appeal.
The Carrier contends that the organization's November 6, 1990, correspondence was a "formal request" and, therefore, at the time it did not consider it a grievance. Furthermore, the Carrier argues that the "cautionary letter" which the Carrier issued to the Claimant was not "discipline", it was merely meant to advise the Claimant "to adhere to and comply with Conrail Safety Rules while working" and "noted the potential for injury to himself and co-workers in addition to the possibility of future disciplinary action for non-compliance with carrier Safety Rules".
On June 5, 1991, the Carrier acknowledged the Organization's request as a grievance but denied the appeal pointing out that a letter of caution is not discipline.
This Board has reviewed the record in this case and we find that the "formal request" filed by the District Chairman on November 6, 1990, constituted a claim as set forth in Rule 26. Consequently, according to Rule 26, the Carrier had an obligation of responding to that claim within 60 days. Since the carrier failed to respond to that claim within the required period, Rule 26 mandates that the claim be allowed as presented.
In this case, the Claimant was issued a letter of caution for violating a rule requiring the wearing of seat belts. The Claimant was in his vehicle at the time eating his lunch. Since the Carrier did not respond to the grievance as required by Rule 26, the claim must be allowed. The letter of caution shall be removed from the Claimant's file.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.