Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32202
Docket No. TD-32666
97-3-95-3-603
The Third Division consisted of the regular members and in addition Referee John
C. Fletcher when award was rendered.
(American Train Dispatchers Department/Interoational
( Brotherhood of Locomotive Engineers
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
"This appeal is based on the fact that the Carrier failed to provide Appellant
Johnson with a fair and impartial investigation. The decision of Mr. Murphy
to assess discipline breaches Appellant's basic right to an independent review
of the record.to determine her culpability based solely on evidence adduced
at the investigation. In this case, Mr. Murphy investigated the alleged
incident, decided that an investigation was warranted, determined
Appellant's guilt, and assessed discipline. Such a process required Mr.
Murphy to review his own original decisions in this matter, thus violating
Appellant's right to an independent review of her case. In addition to this,
Appellant's case was already prejudged by Mr. Murphy. On three separateoccasions Appellant had conve
investigation. In these conversations, Appellant Johnson was informed by
Mr. Murphy that she was going to receive a five day suspension. Clearly, this
is a total violation of Appellant's right to a fair and impartial hearing.
I respectfully request that you consider this appeal and find in favor
of the Appellant. We specifically request that you allow compensation for all
lost time, lost benefits, and expenses incurred in attending the investigation
and removal of any reference of this discipline from Appellant's personal
record."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, rinds that:
Form 1 Award No: 32202
Page 2 Docket No. 32666
97-3-95-3-603
The carrier or carriers and the employee or employees involved in this dispute are
respectively carrier and employee 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 were given due notice
of
hearing thereon.
On November 16,1994, Claimant Johnson failed to complete a number
of
track forms
allowing trains to proceed without correct and complete instructions. At her Investigation
Claimant acknowledged that she failed to complete a number
of
track forms. She was
assessed a five day suspension.
The Organization has appealed this assessment
of
discipline to this Board on a
variety
of
procedural grounds. The Board has considered each and determines that they
do not possess sufficient merit to warrant that the discipline assessed in this matter be
modified. Accordingly the claim will be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 17th day
of
September 1997.