PARTIES TO
 THE DISPUTE: Brotherhood of Maintenance of Way Employes
 Division - IBT Rail Conference
 VS.

ARBITRATOR: Gerald E. Wallin

 DECISION: Claim sustained.

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

      1. The discipline [fifteen (15) calendar day actual suspension] imposed upon

        Mr. J. Jones by letter dated December 2, 2008 for alleged violation of CSX

        Operating Rules GR-2 (5) and (7) and GR-3 (2) and FRA 213, in connection

        with June 30, 2008 track inspection reports and charges of falsifying track

        inspection records, was arbitrary, capricious and unjust (Carrier's

        File 2009-038098)


      2. As a consequence of the violation referenced in Part I above, Claimant J.

        Jones shall have his record cleared of the charges and be compensated for all

        earning opportunities and other benefits deprived him as a result of this

        unjust discipline."


FINDINGS OF THE BOARD:

The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.


After review of the record before us, it is clear that the Carrier failed to comply with a significant procedural due process requirement. The requirement is a condition precedent to the Carrier's ability to make any disciplinary determination. By failing to comply with the requirement, the Carrier effectively waived its rights to impose any discipline. Rule 25, Section 1(d) reads, in pertinent part, as follows:


        (d) An employee who is accused of an offense shall be given reasonable prompt advance notice, in writing, of the exact offense of which he is accused with copy to the union representative. The hearing shall be scheduled to begin within thirty (30) days from the date management had knowledge of the employee's involvement and

Public Law Board No. 7163 Award No. 74
 Page 2

        such hearing shall not begin less that ten (10) days from the date of notice. * * *


                (Italics supplied for emphasis)


Because of the Carrier's failure to provide the requisite procedural due process, the discipline must be set aside in its entirety. Accordingly, the claim must be sustained as presented.

 AWARD:
    The Claim is sustained. The Carrier is directed to comply with this Award within thirty days

of the date shown below.
 rald E. Wallin, Esq., Chairman

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