P?RTIEr: Brotherhood of 'rlaintennnce of Wav E3plo?Ps
 TC

 DI 5rUTE: Ctacago and. Forth Wmstarn Transnowtation C;^xpsny

        (1) The din^tissal o_' Foremen D. L. a_·otny for alleged insubordinntioi was ·rithout just end su~ficient cause and in violation of the A~re-_nent. (Organization File-2D-3474; Carrier File 81-$3-22-D) .


        (2) Foreman D. L. Novotny shall bo: Allowed the- remedy prescribed in Rule 19(d).


FINDIidG S:
This Board, up^n the xhole record and all the evidence, find. and holdm th.7t t" emclcyes 3.nd the Carrier involved. are respectively emoloyes and C.q :rier within the meaning o.^ the S,711-ny La-or Act, ~·s emended, Pn° that the Board has Jurisdiction over the d'. ^spute herein.

 Claimpnt oral formerly e-eloped by the Care!°r as s :3ectton Fore-an St Hampton, Iowa.

      's a result of an incident that arosn between the claimant

and a Track S.:per vtsor on Ortober 2, hp2, and fo? 1 om!nx an Investi
 aatien ccrdnctsd on November ?, 1982, claimant ·sas disarissed from
 Rervict- efr'cti73 ?--.'ith Close of, work Nov-.Th"r 12, !i82. In the
 course of handling of the dispute on tilt' pror#~rtv. it was Rpreod
 on May 24, 19133, that claimaht would be reinstated with seniority
 and vacation. rights unimpaired, ·!ith the t?nderstanding that claimant
 may exercise tr-;olimAn seniority only for s period of one year °rom
 date of reinstatement, 9nd pith the rurth=r understand in?_ th.-^·t no
 compensatory features of any kind were involved for the period of
 time from date of dismi^sal through date of reinstatement, and with
 out prejudice to claim for differential in rate between. trackman's
 rate and hither rste where srplicable. The terms of the reinstate
 merit pre set forth in letter of understandinF dst-!d Key 14, 19f-3.

 Were the claim before us strictly on the m-rats and the arpronrintivenesE cf thp pen42ty ima^sed, :3e would hv-~ no difficulty in denylna it. Eowevnr, in the handling on the aroperty and before the Board, aP3!PAe$urPi issue has been raised and not waived.
                                              SQ/q 9;~- V ' Awsrd No. 20

                                              Docket No. 24

                                              Pane 2


sections (a) and (b) of Rule 19 of th·~· applicable Agreement read:

                  "Rule 19 - Discipline


      (N) Any employe who has been in service in excess of

      sixty (6':) nalenrijar days will not be disciplined

      nor dismissed without a fair and impartial hearing'. he

      may, however, be held out of service nrn4ina mich hear

      ing. At tire hearing. the employs ^any be assisted by an

      e;plcye of his choice or a duly accredited repre

      sentrative or representatives of the Brotherhood. The

      hearing will beheld within ten (10) calendar days o"

      the alles·Ed offense or within ten (10) calendar days of the

      date infermnticn concerning the alleged offense has i

      reaches', the Assistant Division Manager-Enginr-Bring. De-

      eisie: :sill "R r·ndprtd ptthin ten (10) calendar days after aonplstion of hearing. Frior to th- hearing the employe will tie notified in writing of the precise charxe =gv~inst him, with CODy to the General Chairman, after which he will be allowed reasonable time !'or the purpose of having witnesses and representative of his choice prAment Pt the hearinse, Two working days will, under ordinary circumstances, be considered reasonable time. The investigation will be postponed for good and

      sufficient reasons on reauest of eithei party. i


      (b) When discipline i3 administored, cop-...- of the discipline notice and the transcript will be furn'shed the erl nt,a ana , S_r,n."

            u _ r7 .~ the C n__<.1u ner__<.1 C;.a


Section (b) speoificaliy stipulatf:s that R copy of t!-,e discipline notice and transertpt will be furnished the eanloye and the General C!lairman. The reeor' also cont·:tns a letter Agr°ement between the authorized representatives of thexarties dsSted February 2I, 1?80, and which reads :n pnrttnent part:

      "You stated that you would advise me whether the cases could be disposed of on the basis that ire divisions will issue transcripts to the General C:;airman at the time the discipline notices are is^ued to the a-_·nloye, that 1z, within tea days of the hearing, and it appears that the divisions will be able to comply with .your request."


The record is clear that the transcript of the inv?stication that was conducted on November 3, 1982, was not furnished to the General Chairman within ten days of the hearing, as required by 3y the Letter A;rreement of February 21, 1980.

 While we are always hesitant to dispose of claims or disputes on technicalities, where the language of an agreement is

                                                say- ~~-Y

                                              Award No. 20

                                              Docket-No. 26


clear and unambiguous, we must aDnly it as-written. We will sustain the alma for difference between trackman's rate and foreman's rate, where applicable, for the one-year period following reinstatement in May, 1983.

                      A W A E D


      Claim sustained°to the extent indicated in Findings'.


                        ORDER


The Carrier is directed to comply with this Award within thirty days from the date hereof.

                    Chairman, Neutral Member-


Car er Member _ Labor Member

 Date: S~ Sl $