PUBLIC 1JMP BOARD N0. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
,SZ&T&flNT OF CLAIM:
Claim in behalf of Conductor T. A. Keller, 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 file when he was investigated on the
following charge:
'Your responsibility for your failure
to properly perform your duties, when
you filed to take your meal period using
the bracket on November 28, 1994 while
employed as Conductor of YPR88 on duty.
8:00 a.m. November 28, 2994 at Irondale.'"
FI2~IIIGS
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 Conductor was found responsible for not taking
meal period within the bracket while operating a yard assignment. He was disciplined with five (5) days suspension.
PC.B .UD .333
A"IO No . ,-3-':z
The E_-nployees contend the claim should be allowed under
an application of a time limits provision reading in part as
follows:
"Within five days thereafter an
investigation shall
be held and
a decision shall be rendered and
made effective within three days
after the investigation."
The record here shows that the
investigation was
held on
November 30, 1994, and the decision was rendered on
December 7, 1994. There is no showing that an extension of
time was agreed to by the parties. Accordingly the claim
must be allowed regardless of merit. Numerous awards hold
similarly.
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30) days from the date shown below.
Employee Member Carr~r Membe
1~.C~mv
Chairman an Neutral Member
Dated: