PUBLIC LAW BOARD NO. 4244
ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.
AND
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: 1. That the Carrier's decision to suspend Central
Region, FRA Track Inspector D. E.
Trujillo
from service for 14 days was
unj ust.
2. That the Carrier expunge the fourteen (14) day suspension and six (6)
month probation period from the Claimant's personal record as well as all
reference there to as a result of an Investigation held 9:00 a.m., December 9,
1994, because the Carrier did not introduce substantial, credible evidence that
proved that the Claimant violated the rules enumerated in their decision, and
even if Claimant violated the rules enumerated in the decision, the Carrier
admits on the decision sheet that they were at fault but no discipline was issued
in their behalf.
3. That the Carrier violated the Agreement particularly but not limited to Rule
13 and Appendix 11, because the Carrier did not introduce substantial, credible
evidence that proved the Claimant violated the rules enumerated in their
decision.
FINDINGS: This Public Law Board No. 4244 (the "Board") finds that the
parties herein are Carrier and Employee within the meaning of the Railway Labor
Act, as amended. Further, the Board has jurisdiction over the parties and the
subject matter involved.
The record shows that Central Region FRA Track Inspector D. E. Trujillo (the
"Claimant") was notified to attend a formal investigation on December 9, 1994,
concerning a derailment in Belen Yard on North Main Track to 8 Lead crossover
on October 26, 1994, due to wide gauge track conditions allegedly not reported or
corrected as required, in possible violation of the Carrier's Chief Engirieer's
Instructions, Sections 4.1.1 and 8.4.1. As a result of the investigation, the Carrier
determined that the Claimant violated the cited rules, and he was issued a deferred
suspension of fourteen days.
f
yzy4
Award No. 150
Page No. 2
The record shows that a derailment occurred in the Belen Yard on the North
Main Track to 8 Lead on October 26, 1994. In
a
letter dated November 30, 1994,
the Claimant was advised to attend a formal investigation on December 9, 1994.
At the beginning of the investigation on December 9, Phil Wolfersberger, the
Claimant's designated representative, objected to the investigation because the
Notice of Investigation was mailed 34 days after the incident. Thus, the
investigation was not held timely as required by the rules. The Hearing Officer
noted his objection and continued with the investigation.
Without reviewing the merits of the case,- the Board finds that Mr.
Wolfersberger's objection was proper, and the investigation was not held promptly
as required by the Agreement. Accordingly, the claim will be sustained.
AWARD: Claim sustained.
A1
6,n
J. Fisher
Chairman an eutral Member
. F. Fo se Lyle L. Pope
Organization Member Carrier Member
Dated:
S aumburg, Illinois
'