Docket No. MW-DEC-80-54


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Norfolk and Western Railway Company (Former Wabash Railroad)

 Statement
 of Claim: Claim on behalf of Mr. H. L. Jordan account of
 assessment of 70 day actual suspension from
 service as a result of investigation held on
 August 27 > 1980.

 Findings: The Board, after hearing upon the whole record and all evidence; finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated February 2, 1976, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant, a roadway equipment repairman, was dismissed on July 1.4, 1980. As a result of a request by the General Chairman, an investigation in connection therewith was held and Claimant notified:

      . "To report to Division Engineer's office at

      7$0 East Cerro Gordo St., Decatur, Illinois

      on Wednesday, August 27, 1980, at 9:00 AM for

      a formal investigation to determine your

      responsibility if any, in connection with

      your being dismissed from service on

      July 14, 1980 by Engineer of Roadway

      Equipment,. R. T.. Driscol and R_ L. Stall

      supervisor-of Roadway Equipment."

    Claimant was advised, under date of September 15, 1980, that:


        "You have been assessed with seventy (70) days actual suspension."

The Board finds that .it cannot reach the merits of dispute as the notice of investigation was totally inadequate to place the Claimant on notice as to what to prepare his defense against. It need not
                                                    i

                          -2- Award No. 35

                                  PLB No. 1760


therefore reach any other issue raised. In the particular circumstances, this claim will be sustained.

 Award: Claim 'sustained as per findings.

      Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


          4 yly_ `

M. . Christie, Employee Member E. N. Jacobs r., Carrier em er

                  `JKrthur T. Van Wart, Chairman and Neutral Member


Issued at Wilmington, Delaware, February 24, 1982.