Engineer Fletcher was assessed as UPGRADE Level 4 discipline [thirty (30) days suspension without pay] on December 14, 1997, Following as investigation held in Denver, Colorado on December 29, 1997, Carrier found Claimant guilty of occupying the main track without proper authority by exceeding track warrant limits, while employed as an Engineer on CEYNX- 10 on December 13, 1997 at approximately 0840 hours. The Organization appealed the discipline on procedural grounds, asserting that Mr. Fletcher was not notified ofthe pending hearing until l ldays after the alleged incident, and also questioning the adequacy of the evidence against him.
Leaving aside the procedural aspect, our review of the record shows that Carrier failed to prove the charges by a preponderance of record evidence. A review of the transcript reveals that Mr. Fletcher never received a copy of the Track Warrant from his Conductor, Mr. Simons. Under questioning, Conductor Simons admitted that he had "overlooked" giving a copy of the Track Warrant to Mr. Fletcher. Given the state of the record the claim is sustained.
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