BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
BURLINGTON NORTHERN RAILWAY COMPANY
AWARD NO. 42
Carrier File No. 4MWB 90-06-19
Organization File No. T-M-713
In connection with the investigative hearing fn this disciplinary proceeding, the organization raises severaI threshold procedural matters. The Board finds these without substance. While the General Chairman did not receive five days' advance notice of the original date of hearing, the carrier did Bend sudh notice in timely fashion by certified mail; the Claimant did
receive timely advice; and the hearing was postponed to provide the General Chairman with the necessary advance notice.
The Organization notes that the letter notifying the Claimant of the disciplinary action was not signed by the hearing officer but rather by another Carrier representative. The Board does not conclude from this that the resulting action waF not consonant with the hearing officers judgment, nor does the Board find this a specific Rule violation. As to the conduct of the hearing itself, the Boards review of the record indicates that the organization had ample opportunity to raise questions concerning other incidents which it contended were pertinent to the investigation
As to the merits, the Board finds the record unconvincing, under all the circumstances, as to any proven culpability of the Claimant, despite the fact that it is clear that an accident occurred. While a warning or other record notice may have been in order, the Boatd finds the suspension unduly harsh and unwarranted.
LA-168- qD-