Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13160
Docket No. 13055
97-2-95-2-81
The Second Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(International Brotherhood of Electrical Workers
( System Council No. 16
PARTIES TO DISPUTE:
(Burlington Northern Railroad
STATEMENT OF CLAIM:
"1. That in violation of the governing Agreement, Rule 35 in particular,
Mechanical Department Electrician Armand Buchanan was
unjustly dismissed from the service of the Burlington Northern
Railroad Company as a result of an investigation that was
conducted in his absence;
2. That the investigation that was conducted in his absence was not
fair and impartial as required by the governing Agreement, and;
3. That the Burlington Northern Railroad Company should be
directed to make Armand Buchanan whole for all wages, rights,
benefits and privileges which have been denied him and in addition,
the entry of investigation and discipline assessed against him to be
removed from his personal record."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Form 1 Award No. 13160
Page 2 Docket No. 13055
97-2-95-2-81
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
Prior to his dismissal from service, Claimant had been employed by Carrier as
a Mechanical Department Electrician, for approximately seven months. On March 10,
1994 Claimant was notified to appear for an Investigation
"...in the office
of
Assistant General Foreman located at the Memphis
Diesel Shop at 0800 hours, Tuesday, March 22, 1994, for the purpose
of
ascertaining the facts and determining your responsibility,
if
any, in
connection with your failure to protect your job assignment from February
18, 1994, and continuing..."
The Investigation was postponed by agreement
of
the parties and ultimately held on
April 19, 1994. Claimant did not appear for the Investigation. On April 26, 1994,
Carrier notified him that he was dismissed from Carrier's service.
The Organization has protested that the Hearing held in Claimant's absent was
not fair and impartial. By proceeding in absentia, the Carrier deprived Claimant
of
the
opportunity to testify and defend himself. It is apparent from the record before the
Board that the Carrier made every reasonable attempt to contact Claimant, including
notice sent to each
of
his last three known addresses. In light
of
Claimant's short service
record, and obvious lack
of
interest in preserving his job, the Board sees no reason to
disturb Carrier's assessment
of
discipline.
AWARD
Claim denied.
Form 1 Award No. 13160
Page 3 Docket No. 13055
97-2-95-2-81
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 8th day of September 1997.