Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37863
Docket No. SG-37969
06-3-03-3-390
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"1. Claim on behalf of the General Committee of the Brotherhood
of Railroad Signalmen on the Burlington Northern Santa Fe
(BNSF).
2. Claim on behalf of S. D. Clapp, for reinstatement to his Signal
Foreman's position, with compensation for all lost wages
including skill differential, with all rights and benefits
unimpaired and any reference to this matter removed from his
personal record, account Carrier violated the current
Signalmen's Agreement, particularly Rule 54, when it failed to
provide a fair and impartial investigation and then issued the
harsh and excessive penalty of dismissal against the Claimant
as a result of an investigation held on June 4, 2002. Carrier
compounded this violation by failing to provide the Claimant
with a proper notice of investigation. Carrier's File No. 35 02
0054. General Chairman's File No. 02-053-BNSF-129-S. BRS
File Case No. 12586-BNSF."
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
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Page 2 Docket No. SG-37969
06-3-03-3-390
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.
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Parties to said dispute were given due nonce
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nearing mer eon.
On June 5, 2002 the Carrier dismissed the Claimant from its service. As a
result of an Investigation held on June 4, 2002 the Carrier found that the Claimant
violated MWOR Rules, 1.19, 1.25 and 1.13, Engineering Instructions 15.6 and
Signal Instructions 1.1.
111.19 Care of Property
Employees are responsible for properly using and caring for railroad
property. Employees must return the property when the proper
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property for their personal use.
1.25 Credit or Property
Unless specifically authorized, employees must not use the railroad's
credit and must not receive or pay out money on the railroad account.
Employees must not sell or in any way get rid of railroad property
without proper authority. Employees must care for all articles of
value found on railroad property and promptly report the articles to
the proper authority.
1.13 Reporting and Complying with Instructions
Employees will report to and comply with instructions from
supervisors who have the proper jurisdiction. Employees will comply
with instructions issued by managers of various departments when
the instructions apply to their duties.
Form 1
Award Nn-'I' R61
Page 3 Docket No. SG-37969
06-3-03-3-390
15.6 Vehicle Fuel Credit Cards
Purchase fuel for highway motor vehicles on the authorized Wright
Express (WEX) fuel credit card. The credit card is valid for the type
and amount of fuel required for the vehicle designated on the credit
card.
`To authorize and pay for purchases the employee must use
a personal identification number (PIN) and the odometer
reading (no tenths) of the vehicle being serviced or fueled.
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violations.
Only authorized BNSF personnel are permitted to use the
BNSF fuel credit card. At no time should unauthorized
individuals have access to use the card. Misuse of this credit
card may subject an individual to prosecution, dismissal, or
both.'
Hours of Service Act, Responsibilities of Employees
Employees are personally responsible under Federal criminal law for
the truthfulness of entries on hours of service records the FRA
requires railroads to maintain. The railroad must have each
employee performing covered service during a duty tour sign the time
record. The signature represents an affirmation by the employee that
the record is cnrrert_ to the
hPCt of the amnInvPP'c knnwIPAaa and
belief. Participation by an employee in deliberately making a false
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Page 4 Docket No. SG-37969
06-3-03-3-390
entry constitutes a felony punishable by a fine of up to $5,000,
imprisonment for up to two years, or both."
The Claimant received a fair and impartial Hearing. At the Investieation the
Carrier found that the above Rules were violated during the period from November
2001 through May 2002. The record shows that the Claimant drove the Carrier's
truck and purchased fuel on days not worked, and that the Claimant used another
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The Claimant's violations of the Carrier's Rules, including theft, were serious
in nature. The Carrier met its burden and dismissal is warranted in this case.
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 Third Division
Dated at Chicago, Illinois, this 1st day of August 2006.