BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
PARTIES: Brotherhood of Maintenance of Way Employees
to
DISPUTE: CSX Transportation, Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
Dismissal of J. Dudley (ID# 196260) as a result of
investigation held on October 31, 1991."
FINDINGS:
Claimant was charged with several rule violations including
operating Rule 501, and CSX Transportation Rules 40, 920, and 922
in connection with charges--covering dishonesty, making false
statements concerning facts under investigation, and failure to
immediately report an on-the-job injury. The hearing into the
charges took place on October 31, 1991. Subsequent to the
investigation, the Carrier dismissed the Claimant from service on
November 18, 1991.
This Board has reviewed the file and we discover that Rule
39 states in Section 2 that:
...A decision in writing will be rendered within ten
(l0) calendar days from the close of the hearing. A
copy of the transcript of the evidence taken at the
hearing, and a copy of the decision, will be furnished
the employee affected and his representative.
In this case, the decision in writing was not issued by the
carrier until eighteen days after the hearing. Since the rules
require that a written decision be issued within ten days, the
procedural rights of the Claimant were seriously violated.
This Board hereby orders that the Claimant be reinstated to
service upon successful completion of a return-to-duty physical
SC3A
103
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and he be compensated for-any-time lost from November 7, 1991 which -
is ten days following the date that claimant was approved to return
to duty with no restriction following the examination by his
personal physician.
Additionally, Mr. Dudley's personal record shall be cleared of
any reference to this incident.
AWARD
Claim sustained in part in accordance with the above
findings.
PETER R. MEYE S
Neutral em
Carrier Member ganizati n member
Dated:
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