PUBLIC LAiv BOARD NO. 606

•

' PARTIES TO TIIE DISI>UTE:

The Belt Pail,vay Coni.pany of

·chicago

and

Brotherhood of Locomotive Engineers

••

AWARD NO. 19

•

STATE?·1ENT OF CLAI!·1:

1. Claim	that	Engineer	R. Foster's	record	be cleared	of
pline assessed and that he be paid for all time lost, su

1. Claim	that	Engineer	R. Foster's	record	be cleared	of
pline assessed and that he be paid for all time lost, su

disci ch

discipline having been given as the result of investigation and

hearing held at 10:00 a.m. on l·iay 6, 1966.

2.	Claim	for	eight	hours	and 30 minutes	f·or	Engineer	R.
Foster,	account attending an investigation on					t-iay	3, 1966 •

•

FINDINGS: '

•

Claimant was charged ,-1i th departi11 r from an accident in

•

vestigation of May 3, 1966, without being properly excused by

the conducting officer. This ,1ould be a11. unusual course of ac-

t-1·.n.n fnr . ·:.:I..

l"'-;·:-,-i1--'1"_-'r'\.:.>_.

0-1-·T·1I...-..-,-;"\,,

-- n +--,,..,

-,j:,.-._,,,._·,,Y

. ,,'l . ..\..--•••-!-- ....•• -.t!

_.,...,_ -••'-"

\.,."--"""'..._\,,J._,,..a...._1 V4 •

this neutral as to the reason for his action (if it did in fact occur) lends support to the contention of his representative that a further evaluation of tl1e charge could only be mac1e after

review. of tl1e tra11script of \·1hat actually occurred in the inves·ti gation of t-1ay 3rd.

Therefusal of the Carrier to orovide that transcript can

only be cl1aracterized 2.s arbitrary

violation of Article 28(f)•

• •

and

prejudicial and -

•

direct

Under these circumstances Claimant was not afforded a fair

hearing on ?·1ay 6 and the clair.1 is well founded •

•

AWARD:

Claim sustained. Carrier shall comply with this award within

thirty days from the date hereof. -·-

•

0· .. _,.,f',/, . ,,(/ / ., . / '

Paul D. llanlon,

Chair1nan a11d Ieutru.l t•lember •

/ ,rl • •

- ' ' . ,..

c.

•

• •

Chic,1go,

Scpt !:>cr

Illinois

"•', ,c, ';

-,..-• --·, J...... ' ...)

•

'--·· --

·•·1•·, ) · • 1 \("lr

...