NATIONAL RAILROAD ADJUSTMENT BOARD
- THIRD DIVISION Docket Number MW-211242
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employee _
PARTIES TO DISPUTE : ( .
(Burlington Northern Inc.
( (former St. Louis-San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The resignation of Track Foreman H. R. Santin on March 19, 1980
was obtained through coercion and duress and it was thereby invalid (System
File B-1243/R-21136).
(2) Track Foreman H. R. Santin be reinstated with all rights unimpaired
and compensated for all wage loss suffered because of the violation referred to
in Part (1) hereof."
OPINION OF BOARD: On March 19, 1980 the Claimant resigned from the employ of
the Carrier: he admitted by means of a document signed is
the presence of three witnesses that he had used a Carrier credit card to obtain
monies for his own use and the record of the transcript of an investigative hearing
subsequently held on April 21, 1980 on leniency basis by Carrier on these matters
indicates, in the mind of the Board, that sufficient substantial evidence is
present to support this signed statement by Claimant.
This Board has gone on record on numerous occasions in the past to the
effect that Carriers are not required to keep is their employ employee who
engage in dishonest and/or fraudulent behavior (Third Division Awards 19735,
22791 and 23098 later alia).
The specific issue for resolution before this Hoard, however, is not
whether Claimant is guilty of any number of dishonest acts) in direct violation
of Rules 176 and 181 for which there is sufficient probative evidence, but whether
Claimant was coerced into tendering the resignation noted above on March 19,
1980. A complete review of the transcript of the hearing held on April 21, 1981
as well as all additional exhibits and submissions provided to this Board on
this case fail to convince this Board that the resignation of (;Taimant on March
19, 1980 was other than a free, voluntary act.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 24725
Docket Number MW-24242
Page 2
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor Act,
as approved June 21, 1934;
that this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
By 4..c'~ c..r
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of January
1983.
