Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39385
Docket No. SG-39290
08-3-NRAB-00003-060170
(06-3-170)
The Third Division consisted of the regular members and in addition Referee
Joan Parker when award was rendered.
(Brotherhood of Railroad Signalmen
(gNSF Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe:
Claim on behalf of P. MeAllister, for compensation for all lost
wages, including skill pay and holidays, and any mention of this
matter removed from his personal record, account Carrier violated
the current Signalmen's Agreement, particularly Rule 54, when it
failed to hold a fair and impartial investigation and then issued the
excessive discipline of a 30-day suspension with three years
probation without meeting its burden of proving the charges in
connection with an investigation held on December 10, 2004.
Carrier's File No. 35 05 0033. General Chairman's File No. 05-006BNSF-188-SP. BRS File Case No. 13407-BNSF."
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.
Form I Award No. 39385
Page 2 Docket No. SG-39290
08-3-NRAB-00003-060170
(06-3-170)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
This case involved the discipline of Signalman P. J. McAllister, who was
assessed a 30-day actual suspension with a three-year probationary period for
making threatening remarks in violation of BNSF Human Resources Violence in the
Workplace Policy on December 1, 2004.
The case became moot when the Claimant resigned his employment effective
February 17, 2005. Hence, the case is dismissed.
AWARD
Claim dismissed.
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 8th day of December 2008.