Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13709
Docket No. 13630
03-2-01-2-37
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"1. That in violation of the current April 1, 1983 Agreement Rule 30,
but not limited thereto, Electronic Technician Valerie L. Maze was
unjustly dismissed from the service of the Burlington
Northern/Santa Fe Railroad Company following an investigation
held on November 8, 1999.
2. That the investigation held on November 8, 1999 was not a fair and
impartial investigation under the terms required by the rules of the
current Agreement.
3. That accordingly, the Burlington Northern/Santa Fe Railroad
Company be directed to return Valerie L. Maze to its service with
restoration of seniority and made whole for all lost wages, benefits,
rights and privileges which were adversely affected by the unjust
dismissal from service. In addition, that all record of this matter be
removed from her personnel 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. 13709
Page 2 Docket No. 13630
03-2-01-2-37
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
On November 29, 1999, the Claimant was dismissed from the service
of
the
Carrier. At an Investigation held on November 8, 1999 the Carrier found that the
Claimant had violated Rules 1.6, 1.13 and 1.15 on October 19 and 21, 1999.
The facts in this case show the Claimant was employed by the Carrier on July 1,
1997. On October 19, 1999, the Claimant was to report for an all day computer class.
The Claimant's hours of work were 8:00 A.M. to 4:30 P.M. The Claimant missed work
on October 20. At 11:19 A.M. on October 21 the Claimant called to advise the Carrier
the Claimant would be to work shortly. The Carrier Officers checked to see
if
the
Claimant had attended class. They ascertained the Claimant had not shown up for class.
The Claimant filed a time form claiming eight hours pay for October 19, 1999.
The Carrier has met its burden of showing that the Claimant violated its Rules.
The Claimant was a short term employee and there is no basis for the Board to overturn
the action of the Carrier in this case.
AWARD
Claim denied.
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 28th day of February 2003.