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 Further, the Board is duly conathutnd by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute wen given due notice of the hearing thereon.
The above scheduled hearing was postponed, and the postponement letter read the same.
It was not until the latter of October 4, 2000, again postponing the investigation that the folbwlng wee added to the Investigation notice:
The Inwsdgation was finally held on December 1, 2000, after which Claimant was assessed a 30 day record suspension.
During the Investigation, Cldmant'a Representative asked that the Investigation be canceled contending the October 4, 2000, postponement nodes was the first time they were advised the data, the location and the event that prompted the Investigation, and that notice was clearly outside the Agreement three limits.
In the on-property handling, Claimant's Representative cited the October 4 notice of postponement as the first tine the charge letter contained a dab, and then charged that the first notice dated August 31, 2000, setting an Investigation date of September 22, 2000, was not filed promptly as defined by several Public Law Boards based upon the acme parties hen In dispute and tire same Discipline Rule as in affect now.
The word prompt or "promptly" can have different meanings to different people, and since there haw been Awards on the same point defining "promptly" as thirty days, this Board has no alternative than to abide thereby.
Contract language Is determined by the parties who wrote the contract and Awards rendered defining the written language.
Papa 3 old No. 1 84Mother the frst letter setting the September 22, 2000, Investigation based upon an Incident not defined until the October 4, 2000, Meter le considered as being untimely, or the October 4, 2000, letter wise untimely, it is this Board's opinion that the notice of charges did not meet the "promptly" criteria.
INldrout considering the merits of the eaes, the claim is srwfalned. Claimant is to be paid for any time loot as provided for in the Schedule Agreement, and all traces of this investigation are to be nnnowdfrom his Me.
This board, after consideration of the dispute idantlfled above, hereby orders that an award favorable to to CVlmant(sf be made. The Carrier Is ordered to make the sward elfecWe on or before 30 days following the dabs tea award is adopted.