Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38228
Docket No. SG-39019
07-3-05-3-079
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad:
Claim on behalf of T. L. Somera, for his record to he cleared of any
reference to the discipline imposed by Carrier as a result of an
investigation held on January 23, 2004, account Carrier violated the
current Signalmen's Agreement, particularly Rule 68, when it failed to
provide the Claimant with a fair and impartial investigation and then
imposed a Level 2 Discipline against the Claimant without meeting its
burden of proving its charges. Carrier's File No. 1390048. General
Chairman's File No. W-68-361. BRS File Case No. 13109-UP."
FINDINGS
:
The Third 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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Form I Award No. 38228
Page 2 Docket No. SG-39019
07-3-05-3-079
On December 12, 2003 the Claimant did not report for work and did not
formally contact his Foreman to notify him that he would not be protecting his
assignment on that day. He neither asked for nor received permission to be absent.
Rather, he sent a telephonic text message to his Foreman. Following an Investigation
which was held on January 3, 2004, the Claimant was assessed a Level 2 discipline for
failure to comply with instructions and obtain permission from his Foreman to be
absent from duty. His discipline was appealed in March 2004 and was subsequently
denied.
After carefully reviewing the record, the Board finds no evidence to support
overturning or mitigating the discipline assessed by the Carrier. Accordingly, the claim
must be denied.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of June 2007.