PUBLIC LAW BOARD NO. 5959
Brotherhood of Locomotive Engineers
 YS

 CSX Transportation, Inc.

 STATEMENT OF CLAIM

PARTIES TO

DISPUTE


Case No. 8
 Award No. 8

Claim on behalf of Engineer R.D. Sorg, ID 519721, for reimbursement of all earnings and benefits lost, including all earnings lost account attending investigation and service record cleared of all charges resulting from investigation held February 3, 1994.


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
 hearing thereon.

 Claimant was assessed a 10

failing to operate Helper 8256-23 in Superintendent Bulletin No. 201.


due and proper notice of

 day overhead suspension for

 compliance with item 36 of
tigation reveals the claimant sustained personal injury white in
 Helper Service on November 23, 1993. The injury occurred while
 the claimant was helping Train Q219\23 through Schenley Tunnel.
 While shoving Train Q219\23, the -slack ran in on the helper
 engine causing claimant to be tossed about the engine.

The organization takes the position that the claimant did not receive a fair and impartial hearing because the crew of Train Q219\23 was not present or required . to testify at the investigation.


The Carrier is required to make present all those who may have knowledge of the incident being investigated. This principle has long been established by numerous tribunals. The testimony of the crew of Train Q219\23 may have had an explanation as to the severe run in of the slack. This will not be known because of their absence at the investigation.






                          AWARD


Claim sustained. The Carrier is ordered to comply with this Award within 30 days of its date.

                        chter, Chairman


    . .

    Ke11, D.M. Menefee

Car ier Me er Employee Member

Dated J~7