PUBLIC LAW BOARD NO. 5613
Parties to irnute:
United Transportation Union
and
Union Pacific Railroad Company
Statement of claim:
Claim of conductor B. G. Wore It time lost on account of attending
investigation June 15. 2000 and removal of Level 4. actual 30 days suspension,
including an additional 43 days held out of service,
with
pay for all time lost.
Claim
includes payment
fbr all wage equivalents to which end fled, including
monetary equivalent of lost productivity shares, with all medical, surgicaL life and
dental benefits, and for any monetary loss for such coverage while improperly
disciplined.
Opinion of Board:
Claimant was charged with passing a stop signal and moving onto, the main line
without authority.
Unfortunately the
immense
record of the investigation held on this matter is
marred by instances of action, which have been held to result in failure to produce a fair
record. the investigation was postponed arbitrarily by the Carrier. See Awards 13 of this
Board and Award 41 of PLB 1906 (Moore). The dispatcber was requested end was not
present to fee the claimant and his questioning. An employee who had
no
first-hand
knowledge of the incident whets the author could have been present read certain evidence
into the record. Tha result is a lengthy record, which fails to meet the inherent
requirement of providing a full and fair investigation in compliance with the Agreement.
Findings:.
That the agrxment was violated.
RECEIVED
APR 1 y 2002
UTU GCA-569
Pi-e No.sGt3
Au)
D
No . ~5~0
Claim sustained.
Dated this 26th day of August, 2001, at Omaha N6. ',
Carrier is directed to make thi. ffewe on r before 30 days from date.
)o . Cribvell, Ne al Member
l) T M. Stone, Carrier ber
R $_ Karstetter, gay inn Member
2