Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8464
SECOND DIVISION Docket No.
8420
2-BNI-MA-180
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That the Burlington Northern, Inc. violated the existed controlling
Agreement, Rule
35,
but not limited thereto, when on November
17, 1978;,
Machinist D. L. Gunchick was improperly and unjustly dismissed from
Carrier's service.
2. That, accordingly, Machinist D. L. Gunchick be reinstated to the service
of the Carrier with payment for all lost time with seniority rights
unimpaired and all other rights and privileges restored.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June
21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant in this case was one of a number of employees who left work early
on October
13, 1978,
and who were stopped by special officer Congers and General
Foreman Lippert while leaving the parking lot in their cars. Claimant, as well as
at least two other employes, were dismissed from service. In Award Nos.
8379
and
8463
this board has upheld carrier's actions and denied the employes' claim. The
record of this case is sufficiently duplicative of the record presented in the
previous cases involving the same type of incident that the board sees no reason to
write an extensive award. This claim is denied and carrier's actions are supported
for the same reasons cited by us in Award Nos.
8379
and
8463.
A W A R D
Claim denied.
Form 1 Award No. 8464
Page 2 Docket No.
8420
2-BNI-MA-'80
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 8th day of October,
1980.