YARDMASTER DEPARTMENT AWARDS

LACK OF DUE PROCESS (33)

AWARD # REFEREE RAILROAD
Public Law Board 3671 Awd 11 Lieberman Burlington Northern

Public Law Board No. 3671, Award 11 (Lieberman) 

"The Board finds that there was a fatal flaw in the investigation of this matter. The investigating officer did not permit cross-examination of its key witness to the extent desired by claimant's representative. This was improper and, in fact, could indeed have precluded the most important evidence from the claimant's point of view from being introduced. However, the Board has no knowledge of what this testimony might have been and, therefore, the lack of due process accorded to claimant is sufficient to overturn the conclusion reached by Carrier. We cannot reach the merits and the claim must be sustained."


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Last modified: April 29, 2005