ATHLSC IAW HOARD No. 4381: CASE No. 30
fECIHERHOOD OF ONCE OF WAY Ek¢ID=
AND









On January 17, 7986, the Claimant, Mr. R.W. Myers reported for work 15 minutes late. His stated reason was that he was delayed eating breakfast at a restaurant. By arriving late, Mr. Myers missed the depart ire of the section crew with whom he was scheduled to work. Mr. Myers was subsequently disciplined with a letter of gyre.

 The teal. argument presented by the Organization =ro= the multiple roles served by Rnadmass-er L.R. Ross in this matter. Mr. Ross notified Mr. Myers of the charges, conducted the investigation and rendered the decision. Such xmiltiple roles do not per se preclude a fair and impartial hearing. A determination as to due process in this matter rests on a consideration of the entire record.

 TaPTP is no evidence of record to support the contention that the investigating officer prejudged the matter. To the contrary, the record is quite clear. Mr. Myers was late because his breast was delayed and he did not call in to advise his supervisor that he was on his way to work. Mr. Myers was not confronted with any emergency. Furthermore, although Mr. Ross was Mr. Mye_rs' supervisor (to wh= Mr. Myer reported after arriving late), the fact of Mr. Myers being late speaks for itself. This situation is 710t andlcgous to a matter, such a5 insubordination, where the interaction between supervisor and subordinate should preclude that supervisor from serving as the investigative officer. We find that Mr. Ross' multiple roles did not deprive Mr. Myers of a fair and impartial

 We find r» basis in the record to alter the disciplixie assessed by the carrier.
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            clue denied.


                Ronald z. Miller

                Chairman and Neutral Member


Maxine Tinbberman Bjiice G. Glovver~
 Carrier Member Organization ~e~eT

                  f6 S~ c~$~


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