SPECIAL BOARD OF ADJUSTMENT NO. 936


Parties
 to the VS. Case No. 4
 Dispute - Award No. 4












    Claimant D. R. Graves was employed as an Assistant Foreman on Section 16 at Indianapolis, Indiana. He was charged on September 9, 1980, with threatening his Supervisor on September 8, 1980. He was instructed to report for an investigation into the matter on September 22, 1980. Carrier did not, however, render a decision in the instant case, since it had dismissed Claimant from duty on

                                  saa M,

                                  Case No. 4

                                  Award No. 4


another charge. The Organization contends that Carrier's failure to render a decision in the instant case makes the claim sustainable as presented, since Rule 22(a) of the parties' Agreement clearly requires that a decision be rendered by Carrier within 15 days of completion of the investigation.
 Carrier contends that there is no need to render a decision in the instant Case, since Claimant was dismissed in what it refers to as a companion case (Case No. 5) that is before this Board. It would be ridiculous to dismiss Claimant twice.
 Carrier in this instance has erred. Regardless of the situation, Carrier should have rendered a decision in this case and its failure to do so is a serious violation of the Agreement. In this instance, however, Carrier's action does not have a negative impact on it or on Claimant, since this Board has denied the Organization's claim in regard to Claimant Grave in Case \o. 5.

AWARD

This claim is dismissed as moot.


              R. .... Dennis, Neutral Member


m
 S. C. Lyons, Car er Nember H. G. Harper, Emplo.e Member

                                  MAY 10 94