Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8627
SECOND DIVISION Docket No. 8246
2-BNI-FO-181
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. Under the current controlling Agreement, Mr. Mark E. Owen, Laborer,
Livingston, Montana, was unfairly dealt with when removed from service:
on February 24, 1978 and later dismissed from employment of the
Burlington Northern Inc., on March 27, 1978.
2. That, accordingly, the Burlington Northern, Inc., be ordered to reinstate
Mr. Mark E. Owen to service with full seniority rights, compensate for
all time lost including fringe benefits, and remove the mark from his
personal file.
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, Mark E. Owen, a laborer in carrier's shops at Livingston, Montana,
was suspended from carrier's service for allegedly being involved in the theft
of a portable welder from the Livingston repair shops. Subsequent to his suspension,
an investigatory hearing was held at which claimant did not appear. As a result of
that hearing, carrier discharged claimant.
The hearing into this matter also involved a second carrier employe, Ms.
Schwartz, a laboier. The welder in this case was found in Ms. Schwartz's garage.
Ms. Schwartz's case has been reviewed by this Board. Our Award No. 8342,
Herbert L. Marx, Jr., referee, is the result. This Board upheld the discharge of
claimant in that case.
The facts of that case are identical to those facts contained in the record
before us in this instance. In our opinion in Award 8342, we stated our reasons
and rationale for denying petitioner's claims. We see no reason to repeat that
opinion. It is equally applicable to this case.
Form 1
Page 2
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 8627
Docket No. 82+6
2-BNI-FO-181
NATIONAL RAILROAD ADJUSTIENT BOARD
By Order of Second Division
R ? semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of February,
1981.