Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13981
Docket No. 13864
08-2-NRAB-00002-070036
07-2-36
The Second Division consisted of the regular members and in addition Referee
J'ames E. Conway when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"1. That in violation of the governing Agreement, Rule 40 in
particular, the Burlington Northern Santa Fe Railroad
Company, as a result of an unfair and biased investigation
held in the office of Superintendent LNIIT located at 200 North
Avenue H, Barstow, California at 8 AM, August 18, 2006
unjustly dismissed
Electrician Roberto Ramirez from service.
2. That, accordingly, the Burlington Northern Santa Fe Railway
Company be ordered to promptly return Electrician Roberto
Ramirez to service and that he be made whole for all lost
wages, rights, benefits and privileges which were adversely
affected as a result of the investigation and unjust assessment
of discipline, and further that all record of this matter be
expunged from his personal record, all in accordance with the
terms of Rule 40, Paragraph I of the controlling Agreement."
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. 13981
Page 2 Docket No. 13864
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This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said mute were given due notice of hearingthereon.
Claimant Ramirez, according to this record, was noted to appear for a
formal investigation on August 18, 2006 in connection with his conviction on drugrelated felony charges on September 15, 2005. Following mutually agreed upon
postponement, that investigation was ultimately held on August 24, 2006, with
Claimant
ire absentia. By
letter dated September 5, 2006, Carrier informed Claimant
that he was dismissed
from
employment for violation of BNSF PEPA Policy,
Appendix C, Item #3 (Conduct leading to a felony conviction) and Rule S-28.6
(Conduct Item 4 and 5) of the BNSF Mechanical/PM Safety Rules and Policies,
effective October 30, 2005.
Based upon careful review of the record in its entirety, the Board concludes
Carrier's action vas procedurally regular in all respects. With respect to the merits,
Claimant's off-duty conduct satisfied well-established standards requiring a nexus
with the employer's business, having a potentially significant impact on the safety of
the railroad's operations as well as the well-being of Claimant's fellow employees. In
light of those considerations, and given Claimant's past record, the penalty of
dismissal was warranted.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
Form 1 Award No. 13981
Page 3 Docket No. 13864
08-2-NRAB-00002-070036
07-2-36
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 25th day of November 2008.