Hoard that the Carrier violated Article 32, Section

A(6licl of the Engineer's Agrggment Schedule by failing

to ". . arrange for the presence of each witness who

has material knowledge of the incident" at the

.investigation hearing. The facts in the matter establish

that the Carrier did not require the attendance at the

investigation hearing of the train dispatcher who had

material knowledoe of tZe incident. Instead, the train

dispatcher was informed by the Carrier that his presence

had been requested and that he could attend but would not

be paid for his time of expense, "unless the applicable

schedule rule provides otherwise". This statement is

sufficiently vague to cause serious doubt on the part of

the train dispntchar about the necessity of his

attendance. Moreover, at the investigation the Carrier

introduced a signed statement of the dispatcher dealing

with the alleged infraction--thus, establishing the

materiality of his evidence from the Carrier's

perspective. =t is the ,finding of this Board that the

Carrier's handling o£ the witness violated the claimant's

rights to confront the charges made against him cad to

crossexamine his accusers.

The remaining matter to be addressed by the Hoard is the Claimant's personal injury settlement with the Carrier, which iboluded his resignation from service. In his signed release and resignation, the claimant specifically exempted from release this claim and now argues that he is ®utitled to both hack pay resulting from the suspension and restoration of his seniority. The soardcannot discern logic or evidence to support the argument

that the Carrier, on seoUring hips resignation with a financial consideration, opened to him the' opportunity for reinstatemeAt through the arbitration process. This portion of the claim, therefore, is denied.

The chill is sustained, in part. The Claimant will be made whole £or all :osses accruing between the effective date of suspension and the date his resignation release was effective- He also will be paid 'or attending the investigation oh April 3.4, 198,x? H rarmains permanently separated from the service of the Carrier. Carrier is directed to make this award effective within 30 days.