Award No. 466
Case No. 466
PUBLIC LAW BOARD NO. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CLAIM:
Claim in behalf of Engineer T. H. Frame, Union Pacific
Railroad former Chicago and North Western Transportation
Company for compensation for all time lost including
time spent at the investigation and that this incident
be removed from Claimant's personal record when he was
investigated on the following charge:
"Your responsibility for excessive delay to
your train at Northfield, Minnesota and your
responsibility for violation of rules 103(c)
and 103(d) of the consolidated code of .
Operating Rules, Edition of 1980 while
employed as crew members of Extra 4620
South at Northfield, Minnesota on May 23,
1981."
FINDINGS
Upon the whole record and all the evidence, the Board finds
that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, and that the Board is duly
constituted by agreement and has jur=sdiction of the parties and of
the subject matter.
Article 37 of the Agreement states that the investigation
" will be held within five (5) days, if practicable
".
The record in this case shows that the rule was violated and the
Employees ask that the claim be sustained accordingly.
A
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to
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In First Division Award 16299 the Board sustained claim on
the premise that the Carrier had not shown a valid reason why
the hearing could not be held within the five (5) day period.
Other awards find similarly, as does this Board in the instant
dispute.
AWARD
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30) days from the date shown below.
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Employee Member Car er Memb r
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Chairman and utral Member
Dated:
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