PUBLIC LAW BOARD NO. 5959
Brotherhood of Locomotive Engineers )
VS.
) PARTIES TO DISPUTE
CSX Transportation, Inc. )
STATEMENT OF CLAIM
Claim on behalf of Engineer J. M. Towner, ID #039860, for
reimbursement of all earnings and benefits lost, including all
earnings lost account of attending investigation, and service
record cleared of all charges resulting from investigation
held on January 3, 1992. Discipline assessed - ten (10) days
overhead suspension.
FINDINGS
This Board finds the parties herein are Carrier and Employee
within the meaning of the Railway Labor Act, as amended, and that
this Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due and proper notice of hearing
thereon.
Claimant was assessed a 10 day overhead suspension as a result
of an investigation held on January 3, 1992. The Carrier found the
Claimant to be at fault for a personal injury sustained on December
28, 1991.
The organization has appealed this case on the basis the
Claimant was not properly notified of the investigation as required
by Rule 26 of the Schedule Agreement. On page I of the transcript,
the Claimant was asked:
STATEMENT OF CHARGED EMPLOYEE ENGINEER TOWNER
QUESTIONS BY INVESTIGATING OFFICER ROBEY
Q 1 Mr. Towner, you are charged with
responsibility in connection with personal
injury to yourself at about 0530 hours on
Saturday, December 28, 1991, near 29th Street
in the Low Yard at Parkersburg, West Virginia.
Were you properly notified of these charges?
A 1 I was notified by telephone.
On page 2, the Organization objected as follows:
/'Gf3 .tea . ~ 93r-J
.4r,.fo No. 33
STATEMENT BY REPRESENTATIVE KOSCOE -
At this time, I would like to object due to the
fact that Rule 26 of the Agreement, the working
Agreement, states that the man will be notified by
letter of the charge, of the precise charge, and
this is was not done. It says in there, also, if
at all possible, and it would have been possible to
give this man notice so that we could prepare for
defense in the case.
The position of the Organization cannot be ignored. For this
Board to rule that an employee can be notified of an investigation
by telephone would be tantamount to changing Rule 26. This Board
has no auth~rit~' to do so . . . ... ,
o.vc,Y ~f~-' //f M /h
The Claimant was not properly charged, ergo, there is no need
to discuss the merits for the discipline.
AWARD
Claim sustained. Carrier is ordered to comply with this award
within 30 days of its date.
r, Chairman
.·
1h.
Lw&
Ke , Jr. D. M. Menefee
Carrier M tuber ' Employee Member
Date:
40