Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32203
Docket No. TD-32667
97-3-95-3-604
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(American Train Dispatchers Department/International
( 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 Hohenzy with a fair and impartial investigation. The decision
by Mr. Murphy to assess discipline breaches Appellant's basic right to an
independent review of the record and determine his 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 his
case. Additionally, I find it rather impossible for Mr. Murphy to issue
Discipline Notice No. 215 on December 15, 1994 based on the review of the
investigation transcript dated December 16, 1994. 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, finds that:
Form 1 Award No. 32203
Page 2 Docket No. TD-32667
97-3-95-3-604
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 20,1994, Claimant Hohenzy issued Bulletin No. 14528 for the
wrong subdivision. Claimant admitted the error at his Investigation. Following the
conclusion
of
the Hearing Claimant 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.