BROTHERHOOD~OF LOCOMOTIVE ENGINEERS )
 VS. ) Parties to Dispute
 UNION PACIFIC RAILROAD COMPANY )
 STATEMENT OF CLAIM:
      Claim in behalf of Fireman M. Madonia, Union Pacific Railroad former Chicago and North Western Transportation Company, for compensation for all lost time 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 in connection with your being quarrelsome and your making threats to General Foreman M. Haskins at approximately 7:00 a.m. on July 14, !984, at the Proviso Diesel Ramp."


                        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 jurisdiction of the parties and of the subject matter. Claimant Fireman was disciplined with fifteen (15) days suspension when found responsible for being quarrelsome and making threats to a General Foreman. Timely objection was made by the Employees that the claim should be allowed since the investigation was not held in
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accordance with Hula -_ .=_:':ESTIGATION AND DISCIPLINE) reading in part as follows:

          ' "Investigation shall ordinarily

          be held within three (3) days."

The Board finds the position of the Employees to be correct as the investigation was held on the sixth (6th) day following the incident and no valid reason was stated for going beyond three (3) days. The mere assertion that the "investigation was held within the latitude of Rule 41" is insufficient.
 Decision is made on procedural grounds alone without any relationship to merit.

                          AWARD


      Claim is sustained as indicated above.


                          ORDER

The_CYrrier is ordered to make this Award effective within Lhirty (30) days from the date shown below.

 Employee Member Carr- r Membe
 Chairman nd Ne al Member
 Dated: ~~ we
 ~7^ -

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