r'.~kF'
"7£S IS: DMC.'i"£:
Un:=~ TransPc.:tavian t.kxica
afFf',P.D NO, 47
- and - cs-'3=
:'s?. di
Burlington :3arthe^s - Santa
FA
ua.iLrrad Cmvv=Y
5TJ.7F7~'T i7F G'.e`,
LK
:
Claim iri '.ahaif of Cicr·dive cons¢uc4nr
V.
A.
r.Y'$f~ r
t:33t
h2 b8
tei13t3red `_C
3'rY`nri".,Y! Gf
~ri:ngtan 11"-thern Railroad and ie allowed all
earni=js lost pending irmestigatinhr at;zndirg
investicatian and as a
result
of his disxj$sal
until such tine he again perform set-vice -a
r:9
craft, and that ail ttwaion of t::is incident be
stricken .'ran claimant's personal record.
FI'.rM1G5
:
This Public Law 5oard >7G · 55:6 flIftds char the psrties r:,erein
are Carrier are Eepioyee, within the mwn:ng Gf
the
Railway Labor iset.,
i
as
amended. and that this Baud 'rag; )curisdi&.ion,
The
discip.T.ine
assessed in this case sivply cannot be allowed
to stand b&.-Ouse of the grossly imgrcr_aer
conduct.
of the :tanager of
(:peratPractices f.%P1·
'Me MP, yhite acting as hearing off rcet
of the first investigation, instituted $ rule that the Claivent's.
representative
raise, his hand and await recognition by the ;90P before
making
sn objection. In Gstead rn·mstfgst.im the MP stopped dcim
as hearing officer and ass~ t:ie tale
of
carrier witness, The now
hearing ot:ice.c continued the same
raise-your-hand-Far.-recognition
FG
Cs N') . 557
Aw
b
.(.~e '-I'7
z
.na.z
astaais;:ea :.-y the :~P. The
effect' of t.':ia :u»a. ;s estatlis:;ect
;r she re· gird before this bGartl. Ws that tie Ciaimarr';.
r'ip.^2se7Tt.iitiV$ vas
S3G'T:i6~Y
the rChY,
CG v7v4ci"*: t0 CG:..GT:vEd 1Ci[JrCp5..'r
quesCi.^,nir.g at the time
the objectionable questions oera asked, and
was not reL-canizeu by tY,,e hezr:.ng a_: icer until additional ~·aestivrs
and answers had be-an =:vezrt by the witnesses. S=h a procedure is
absolutely irrp_ape~r. Mnreouerr during the second
investLgation while
the VP ,as testifyixxt as a ssitness, the reeoeci -eveals that t:ud
hesrix:g officer ~.^.hagad :n strategy sessions wi.nh the ·OP. ?"his
improper conduct was cYiaaerred !;v t:.e Claimant's representative.
A_tgr the hearing closed, the MOP, who !~,ad issued the notice
a: investigation, in his oum rain. se-Myed as
hearing
officer oe the
first irwest£gatiaea, participated as witness
in the
second
inue3tigatior., then issued a single letter referencing the two
im^estiratiars he:d on December 14, 1$1M and the MCP assxssad t:ie
discipline of dismissal tram service.
It
was f.:ndameataly iyenir far
e;7x MOP to be an *-Naimiaer. witness and Judge in the prcceediTigm row
cuYder reviex
by this board. Tlt& tcxtality ©£ the ~SGFIs
imqra;er
conduct requires that tlo discipline he set aside.
We agree
u£th the gositicn et' the OrganizetEOn
that the
interest of the general public, ca-work)rs and :he C1airamE
hL,nseL
requires assurance ti-At
orplOY£e:3
engaged
1I1
zaftti sensitive
pos3tia:a ce unfettered 'ay alcohol as
Chemical
dduncit.s.
Accordingly, and
strictly
limited to the narrow pacts of th-is
FAG 6 No . ~~16
4wp
NZ~·
~l`7
;a=Lic°a:a: =ecarw,
sae
shall :.au7state the Ciaimant yo sPrvica cn a
czunditinnsl
basis
wit. a:.: rights uri:Vss,rc-:. and viti:out Yak.
'Ttte rairsszat2cent =dltions ~.src require that the C:aimant be fit :or
service with s reasax:able expectztion tl^.at he be able to sust-aia
future scLrietj. Juxxsd;ptica i> asaintained.
AWa.^~
As SEE
F:.tidiP43.
3 The Car»ar has bean directed to y with
this a-*wd
and
:733 CCVQ17.Ed.
r,
D.
~. ~'f][t~.'~
Cbairmn and i7eut
t.t
1
V~
LL.gdI:1,Z.1t;
Member MKtnA-rM:~