PAR UON PAC RAILROAD
 To AND

 UNrT'E13 TRANSPORTATION UNION

 S OF AIM,:
 Claim of Swiklman 1NL C. But for
 ro»mNW of five, day soapensiors.
 (UPGRADE LEVEL 3) aswssed to his
 personal zward with pay for all tine lost
 lNT"ItC~D~G'TIt~N
 Hand upon tire record in its enti and aft the oonctuai of &a hearic& the Board
 fords the parties here an Caviar and yees wiWn the mesuing of the Railway
 Labor Ad, as am and this Board bas jwiadidion ova the dish imrolved

 UNDWC
 Claimant, wbo bePn his al. in 1969, way working as Switchman on yard
 migmoat YRV27-14 at Roseville. California. On March 14, 2006, at approxi=Wy
 4:50 P.M. Manna of Yard Operation (MYO) W. J. Swat observed claimant step
 between moving cars to adjust and make a ImCkie coupling, in violation of Saft Rule
 91. 13.1 and 3 1.13.3. SweW originally wrote an FTX ties bui Islet disco claim
 was not eligible for ocxc.

 A Notice of Imestigalion on 1&rh 21, 2006, sclO&Lled tint investigation for March 31, 2006. After two posqone by the Caxrier and the anther by the cla' irnresti ' was resealed for April 25,2006, and held on drat date. Aannant failed to appear lot was repesented by UTU Local Clyairman D. W: Patexatude. who said he slid


NX know if claimant i .of the new date of the mectint The ier
 proec with the investigation, a ng that suet ex paM hearing in and of ibclf dotsc
 rut abridge clai 's right to a fair and ' tint her

 The Carrier provided 'on ftom the U.S. Postal Service showing that c ' rd
 r0cCiV0d the 21* on April 2Sa` at 4:39 P.M PatezabeW
 ape c " sot who told ' m be separaw die can the required diswm
 and twice gtwqftd to make the coupling. that he possibly esntared the cad mere and thst
 he momecrordy leaned in to view the coupling to we if they were going tea line W"
 Cent was tot a with entering the red see. ude said cla%marat dire! not tell
 hips how far awry the cars were and without him being presat to , he would not
 haw that inf~and without the pof the ealai it was had to establish ail
 of the Claimant was present for the original hentiog that was aced for March
 31. 2006. However, the hearing was rescheduled and tools place as April 23, 2006.
 Pommi3e assured cent slid not socm notm of &c last schedule change a tbst his
 haft pry han from being at duo instant hearing.

 SjaRY AND C~DNGI..USm
Tlro fact that cl ` vi Rules 81.13.1 and 81.13.3 is unsex in light of his
 admission to MYO Sweatt that he has alwap performed ng by ing between
 aura when they ware moving to adjust the coupler, and has done so fear over 30 yeaura,
 Tbereafom the issue bemnes w! or not there was proper and timedy notice, to
 claimant about the limo and place of the rescheduled meeting.

 1U Caniear entered into the record identifcxtion mmbas err certified return real
 receipts showing tire meeting notice had in &ct been mailed. However, theme was no
 racoud of a signed receipt indicating claimed bad in fad received and for tire
 uuatice. rude questioned Swhether he had any proof that cdaimat had nmived
 the Sweatf testified that ho had no such proof:
111W13 No. 7043 Award No. (>°7

 Fur certainty of ipt; f of delivery i s insufficient and has to be pl by
 proof of 'pt. Ttse fur that clam showed up at the ongimtl ached 'ng is an
 indication of his ' to be e present

 Article 34, Seetion(d) is worth mviewing:
 "When f investigation is to be held die cxnshall be given
 written ' as to the ' c chsrM tend sufficiently in
 advax,e to afford him tire opportunity ' to arrange representation and for
 the aaxwt of any desired wi A tell will be considered
 weittm notice. The Company will require the toe of all emptoyces
 whose testirnomy may be necessary to mop all of tire essential "

    Imp in giving writoeo notice is the assumption the ainin fact received such e end a ugned reompt is tire txquisdc proof.


Theme is no such evidence that Carrier died with this provision, thus tied claimant due psccss_ and when them is such fadtxc any discipline is subject to bung rewbxw
    AWAM 'fho chm is sustained. TU elainant is hereby remstatod to service with semorny rigs unimpaired, and shell be mated for all lost base. The claimaayt abaf be isused a an4ay training without pay and a Corrective aplan is to be developed for hint upon his rebrun to work for violation of safety rules.


t Membear
    I


M9
 9,2007
 &y:2 ,2007
Alonzo M. Fields. h.
Chairman, " Nlembp

              Carrier Member


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