File No. 7785-854


Parties United Transportation Union (T)

 to and

 Di.spxtn Norfolk and Portsmouth Belt Line Railroad any

 Statement "Request of Local CaTnittee, UTU, that record of Marvin DeWitt Hooker '
 of Claim: be cleared of 10 days record suspension for the following alleged offense:
 'Responsibility in connection with accident chic occurred at approximately
 10:40 p.m. March 24, 1975, when placing loaded quignresxt on Cargill Grain
 Elevator Inbound Track, resulting in damage to equipment, tracks and
 personal injury sustained by three (3) employees of Cargill Grain Ele
 vator. "'

        Findings: The Hoard finds, after hearing upon the whole record and all evidence, that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Hoard is duly o:)nstituted by Agreement dated October 24, 7975, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearings held.


        Claimant, on March 24, 1975, was assigned as Conductor on Crew 124 with hours 3:45 p.m. to 11:45 pm. About 10:40 p.m., Crew 124 while shoving 23 cars loaded with grain, blind, into Cargill Grain Elevator unloading facility, collided with nine loaded cars which were then being duTped by Cargill employees. Three of such employees were injured, tav cars dinged and the rail at the paint of impact rolled over. As a result of an investigation =ducted on March 27, 1975, Claimant wds asessed ten (10) days record suspension.


        she record reflects that collision occurred because a crew member was

        not assigxed to the leading car as required by Operating F3ale 103, because

        the crew operated by "prar~-ice." A71 tare crew n were not placed

        in positions mosm advantageous to the protection of the movements involved

        in the collision. The circumstances were obviously not the same and the

        contradiction between an assertion and a fact has clearly emphasized by

        the rollision owing on a track stated by Claimant to be"apparently"

        clear.


        PhUe Claimant might otherwise be guilty on such a recrord,it cannot be

.. DLO IL3~
                            -2- Award No. 9


        used here. The discipline imposed was vitiated by the Hearing Officer's refusal to listen or permit witness F. A. Hooker, Sr., to testify. The judgmnt of whether such testiirony is relevant to the purpose for which the investigation is held is better determined after it has been at least partially if not fully heard. Here, however, the denial to not permit such witness of 31 years service aryl who worked a Cargill assignment for many years to testify is construed to be a denial of Claimant's basic right to have witnesses on his behalf. It was an arbitrary decision . which causes the Hoard to sustain the claim herein.


Award: Claim sustained.
 Order: Carrier is directed to make this Award effective within rh:*-ri. (30)
 days of date of issuance shown below.

 Eyed A. Hardin, aiployee Meuber F. . M4 Carrier Marber

            Arthur T. Clan Wart, Chairman end Neutral Member


Issued at Atlanta, Georgia, Novetber B , 1977.