953 | Back | Investigation Procedures |
Any person on the railroad, entitled to a fair hearing by written contract, is entitled to many guarantees that are not written. These guarantees have evolved from he Constitution, court decisions, accepted custom, and Adjustment Board decisions. The accused is entitled to: proper notice (with its many facets) the representative of his choice presence at the hearing right to confront and cross-examine all witnesses. The carrier, in its investigation of the incident is obligated to: hold a thorough hearing into all the facts furnish principals and witnesses to develop these facts. The carrier official sitting in judgment at the hearing: should not have prejudged the case should not conduct the hearing in a prejudicial manner should not be a witness to the affair should testify, if requested, as to his knowledge of facts and issues. The burden of proof is upon the carrier. |