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BOARD NO. 3383'
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
Vs.-
) Parties to Dispute
3
UNION PACIFIC RAILROAD COMPANY )
STATE2NT OE CLAIM:
Claim in behalf of Fireman F. Smith; 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 record:
'.Your responsibility in connection with
your failure to properly control the
speed of your tram when you were
radared at 41 MPH in a 30 MPH train
order restriction at MP 28.8 on the
Geneva Subdivision on July 26, 1983
at approximately 5:17 PM while employed
as crew member on No. 14.'
fI27DINGS -
Upon the whole record and all the evidence, the Board
finds that the parties herein are Carrier and Employee within
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the meaning
or
-tne
?airway '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 was found responsible for failure to properly
control the speed of his train and he was disciplined with
thirty (30) days suspension.
There is a procedural defect in this case that requires
a sustaining award by this Board. The investigation was held
on July 28. The record shows that it was discontinued on that
date due to "TAPE INAUDIBLE'". Claimant was then sent another
letter with the same charge for investigation to be held on
Auaust 16. As was stated =n Award 103 of PLB-5035 (UTU v.
C&NW), "The hearing was rescheduled for March 14, and the
proceeding "retried". We. find no provision for such second
hearing." The second hearing was not within the time limit of
the discipline rule.
The matter could have been handled rather easily if the
officers conducting the original hearing had made it a matter
of record that the hearing was in recess due to equipment
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difficulties. Since they did not do this, the claim is valid
for technical reasons described above.
AVUM
Claim is allowed.
ORDER
The Carrier is ordered to make this Award effective
within thirty (30) days from the ,date shown below.
Employee Member Car er Member
Chairman. and Ieutral Member
Dated:
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