DIENSERS OF
THE- BOARD
JOHN J. KELLY W.F. FINLEY
organization
Member
Carrier Merber
.FUDGE AP^LJVR LG.
SELNFPLILSER
Chairw.an and neutral
p.PiRTISS UNITED TRANSPORTATION UNION
TO,
DISPUTE UPPER MERION & PLYMOUTH RAILROAD
STATEMENT
OF CLAIM;
claim of conductor Frank J. Woyden and Brakeman Sidney C.
Howard for loss of earnings February 9, 10, 11 and 12, 1967 account
of being illegally held from service in violation of Article 27 of
the controlling agreement of July 1, 1950 as amended August 1, 1962.
FINDING s
This Board, upon the whole record and all the evidence,
finds that:
The Carrier and Employee involved in this dispute are
respectively Carrier and Epployee within the meaning of the Railway
Labor
Act,
as ?Tended.
This noaxd has jurisdiction
oveztho
dispute and the
parties involved herein, and the parties were given due notice of
hearing..
Claimant's conductor and brakeman~had taken slag car to
i
dump and returned to the blast furnace ar*awhere they were spotting
the car when a ladle tilted. The incident occurred February
8
and
1
claimants were suspended February 9, 10, 111Iand 12. The investigation
was held February 14 and a decision letter dIted February 15 assessed
disciglina of suspension February 9, 10, 11 z_^_3 I2,.
1
Article 27 provides that "NO employee will be disciplined,
suspended or dismissed without first having a fair and impartial
hearing." While industry practice interpret% such language to provide
for immediate suspension= pending a herring,
such
action ie only an
exception in serious matters involving
Rule G,
moral turpitude, or
such like offenses. Here, the immediate. suspension was not called
for or provided by the industry. practice, but was in violation o=
'the rule. -
AWARD: CLAIM SUSTAINED - .
ORMERa This award
is order®d effective
forthwith, and the Carrier
is directed to make payment within thirty (30) ays,
i
judge x, ur
4
samisaer
Ch a Neu r -1
g
..n
~c~
1y
rga nation M
~Pe.
W.F. Finley
Carrier Member
DATED:.
~j~
, 1973
~-
' C nshohocken, Pennsylvania
PLB 714
Award 2
. -.2_