Form 1 NATIONAL
RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13544
Docket No. 13441
00-2-99-2-37
The Second Division consisted of the regular members and in addition Referee
James E. Conway when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:(
(Burlington Northern Santa Fe Railway Company
( (former Atchison, Topeka and Santa Fe Railway Co.)
STATEMENT OF CLAIM
:
"Claim of Employee:
That the Atchison, Topeka and Santa Fe Railway Company (hereinafter
referred to as the "Carrier") violated Rule 40 of the Controlling
Agreement, Form 2642-A Std., as amended, between the Atchison, Topeka
and Santa Fe Railway and its Employees represented by the International
Association of Machinists and Aerospace Workers (hereinafter referred
to as the "Organization") when it wrongfully and unjustly dismissed
Kansas City, Kansas Machinist Adam B. Shaw (hereinafter referred to as
the "Claimant") for allegedly falsifying a personal injury and late
reporting of same.
Accordingly, we request that for this improper discipline, he be
compensated for all lost time and benefits as provided for in Rule 40 (i) of
the Controlling Agreement, as amended. Additionally, we request that all
records and reference to this matter be removed from his personal
record."
FINDINGS
:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 13544
Page 2 Docket No. 13441
00-2-99-2-37
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Shortly after hiring on as a Machinist at Carrier's Kansas City, KS facilities on
July 10, 1997, the Claimant was dismissed by written notice of termination dated
October 28, 1997. The Carrier's certified letter in that regard stated as follows:
"Please be advised that your seniority and employment are being
terminated effective October 28,1997 due to you being absent for ten days
or more without proper authority from 10-17-97 through 10-27-97.
If you desire you may request an investigation under Rule 40 of the
current Agreement within 20 days
of
this notice."
While his challenge to the above discharge was pending, the Claimant was
dismissed for both reporting an injury untimely and falsifying a personal injury.
In its Second Division Award 13543 the Board has concurrently ruled upon and
rejected the Organization's contentions that the Claimant's initial termination effective
October 28,1997 was arbitrary, discriminatory and excessive. In view
of
those findings,
the instant claim is moot and must be dismissed.
AWARD
Claim dismissed.
Form 1 Award No. 13544
Page 3 Docket No. 13441
00-2-99-2-37
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 25th day of September, 2000.