YARDMASTER DEPARTMENT AWARDS

CARRIER HAS WITNESS ON TELEPHONE (INVESTIGATION) (190)
 
AWARD # REFEREE RAILROAD
Public Law Board No. 4975, Award No. 17 Harris UTU/CSX

Public Law Board No. 4975, Award No. 17, Case No. 17 (Harris) (UTU/CSX)

"The failure of the carrier to have him physically present at the hearing over the objection of claimant, effectively denied claimant the right to see the witness while cross-examining him. Such denial deprived claimant of the safeguards which are essential and which were incorporated into the agreement between the parties. Claimant was, therefore, deprived of a fair hearing and any discipline assessed against him must be set aside."


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Last modified: April 29, 2005