-ard-

Appealing the Upgaade Level = Discipline assessed to Engine- M. J. Irving and request the a ;pun-ement of discipline assessed and pay for any and all time lost with all seniority and vacation rights restored unimpaired. Action taken as a result of formal investiZation held on October 7, 1999.

OPNION OF BOA-RD: The formal investigation in this matter was held on October 7, 1999. By certified letter dated October 14, 1999, -Superintendent Hunt purported to notify Claimant that he had beer. found g-ailty and assessed a level, 2 Upgrade Discipline. However, that letter was returned to Carrier unclaimed by Eng?r-eer Irving. By Letter dated November 17, 1999, the BLE Local Chairman pointed out to Carrier that his copy of theJOc to ber 14, 1999 letter was misaddressed to the extent that it identified Local Chairman Lehmann rather than Engineer Irving as the employee upon whom the Level 2 discipline had been assessed. By certified letters of November 22, 1999 and of November 23, 1999, to Claimant and to Local Chairman Lehmann, respectively, Superintendent Hurt acknowledged the "word processing e:rcr" and advised that the Level 2 Discipline was assessed against Claimant.

The patent violation of the ten (10) daytime limits ofthe System Agreement-Discipline Rule.

p,"g 40 . 14 (1,5-0 AWARD NO. 130 N'v1B CASE NO. 130 UNION CASE 99076 COMPANY CASE 1204332