UNION CASE NO. 0223=*D COINIPAIv-Y CASE NO. 9400730

STATEMENT OF CLAIM : Appealing the UPGRADE Level 2 Discipline of Engineer D. R. Hemmer and request the expungement of discipline assessed and pay for all lost time with all seniority and vacation rights restored unimpaired. Action taken as a result of investigation held October 10, 1991.

OP1N'ION OF BOARD : On August 17, 1993, Engineer D. R. Hemmer ("Claimant") was the Engineer on the NTIQIV-15 when the inside switch at the west end of Radum, California was run through during switching operations. By letter of August 18, 1993, Carrier ordered the Claimant to report to the Superintendent's Conference room, 833 East 8`° street Stockton California at 10:00 !A-M on August 21 " for formal investigation and hearing. With mutual consent, the hearing was postponed until September 30, 1993 at 9:00 AM where it was held and completed. In the letter of October 19, 199=, the Carrier advised Claimant he had been assessed Upgrade Discipline level ?, even though it is undisputed that the Waiver Form, which Claimant declined to sign, had proposed only a Level 1 LPGR_4DE discipline for Claimant's alleged violation of Rules 104A, 105, 106 and

~i'e shall sustain this claim due :o fatal procedural violations by Carrier's local managers, or. the 2rounes set '0r-in in the Oraaniza:ion's initial appeal of the Level 2 disciplinary action:

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