Form I NATIONAL RAILROAD ADJUSTMENT BOARD
T I
Award o.7 2
Docket . 0 1
0-3--3- 3
e Third Division consisted of the regular members and in addition Refere
Francis . Quinn when award was rendered.
(Brotherhood of Railroad ignl en
PARTIES TO DISPUTE:
(The Burlington Northern and Santa Fe Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee the Brotherhood of
ailroad Signalmen on the Burlington n Northern, Santa Fe (BNSF):
Clai on behalf of J. . kor ak for reinstatement n payment o
all time lost and benets, and for all reference to this matter b
removed fro his personal record, account Carrier violate the
current Signal en's Agreement, particularly Rule 54, hen it fade
trovie the Claimant is fair an impartial investigati
imposed harsh an excessive discipline f dismissal n the Claimant
i connection with n investigatio conducted 9:00 . .,
September 17, 2 2, in the Claimant's absence. Carrier's File .
35 03 001. General Chairman's File o. 2-1 - -5 -T .
S File Case .17- ."
FINDINGS:
The Tit Division t Adjustment Board, n t hole recor a all the
evidence, finds that:
The carrier or carriers and the employee or employees involve i this to
are respectively carrier and employee within the meaning of the Railway Labor Act,
as rove a 21,193 .
r 1
e
Award o.725
Docket . -1
-3-03-3-3
This Division of the Adjustment Board has jurisdiction over t dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The claim alleges that
the
Carrier violated the current t Signalmen's
greement, particularly Rule 54, hen it failed o provide a fair and impartial
Investigation. The record indicates otherwise. The
once
of Investigation with
s ecilc charges was sent registered mail. Two attempts ere made deliver the
notice. Prior to te Investigation, recess was called to allte Claimant's
representative to try to locate him. The parties a every reasonable attempt to
locate the Claimant. The record indicates that the Claimant receive a fair and
i artil Investigation. See Second Division Awards 126 and 13677.
The record indicates that the Claimant had received explicit instructions on
items that require repair and how and wen the repairs were t e performed.
The repairs were not attempted. This s not the first time that the Claimant faile
to comply wit is Supervisor's instructions to a necessary crossi repairs.
Progressive discipline and failure to explai his absence fro a led to
termination. See Public Law oar o. 651 , Award 13.
AWARD
Claim denied.
E
This Board, after consideration of the dispute identifled above, hereby orders
t Award favorable t the
Claim
a s) t made.
NATIONAL L
OrderThird ivisi
ate t Chicago, Illinois, this 27t y October.