PUBLIC InW BQARD N0. 250
AIRTIES TO DISPUTE:
Brotherhood of Locomotive Engineers
Erie Lackawanna Railway Company
STATMENT OF CIl'iIM:
"Request by Engineer J. P. Seifarth that a discipline entry of f5
days actual suspension be removed from his service record and that
he be compensated for all. tine lost as a result of a hearing held
in Youngstown, Ohio, on December
9, 1968."
FINDINGS:
The threshold issue is whether Carrier failed to cor!ply with Article
60(b)'s requirement that "An employe, charged with an offense, will be notified
in writing within seven (7) days fron the date it is known the alleged offense
occurred." The record establishes that the alleged offense eras known by Carrier on November
28, 1968,
and that cleinant was first notified of the charges
against him by letter dated December
3, 1968,
but not received until December
6, 1968.
It accordingly is clear that claimant was not given the seven-day
notice prescribed by Article 60(b). This defect was objected to on the property
during the hearing itself, and will not be deemed waived merely because it was
not reasserted at every subsequent stage of the case.
The language of the rule is clear. It requires that claimant be notified
within seven days and not simply that the notice be mailed or that charges be
issued during that time. There is no evidence that claimant could not be
reached earlier or that he evaded service of the notice or otherwise contributed
to the delay. Upon the specific facts of this case, the
claim
will be sustained.
AWARD: Clair. sustained.
Adopted at Cleveland, Ohio, on December 6, 1972.
ORDER: Carrier is hereby ordered to make the above award effective on
. or before January
5,
1973.
Isl
H. M. Weston
H. M.
Weston, Neutral Member
/s/ W. H. Jaco
Isl
C. H. Zimmerman
W. H. Jaco, Employees Member C. H. Zirr_er^mn, Carrier Member
Cleveland, Ohio
December
6,
1972.