Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41227
Docket No. SG-41055
12-3-NRAB-00003-090213
The Third Division consisted of the regular members and in addition Referee
Andria S. Knapp when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the BNSF Railway Company:
Claim on behalf of T. S. Humble, for his personal record to be cleared
of any mention of this matter, account Carrier violated the current
Signalmen's Agreement, particularly Rule 54, when it imposed the
excessive discipline of a 30-day record suspension without providing a
fair and impartial investigation and without meeting its burden of
proving the charges in connection with an investigation held on August
24, 2007. Carrier's File No. 35-08-0008. General Chairman's File No.
07-029-BNSF-I 61-NM. BRS File Case No. 14098-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.
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 1
Page 2
Award No. 41227
Docket No. SG-41055
12-3-NRAB-00003-090213
This is a companion case to Third Division Award 41226, in
the Claimant
was assessed a 20-day record suspension for violating Rules 1.6, 1.13 and 1.15 of the
Maintenance of Way Operating Rules when he used "comp time" to release the members
of his Signal Gang before the end of their scheduled workday. The Carrier also charged
him separately as an individual with leaving his assignment before his scheduled quitting
time and claiming pay for time not worked. For this infraction, the Carrier assessed the
Claimant a 30-day record suspension-the next "rung" on the disciplinary ladder.
The facts are exactly the same as set forth by the Board in Award 41226. They are
incorporated herein by reference for the sake of brevity.
The Board's analysis and conclusions are the same as set forth in Award 41226 as
well. There is no evidence that the Claimant acted with anything other than a good faith
belief that it was appropriate for him to use "comp time" himself to leave work before the
end of his scheduled workday. The Carrier failed to establish that the Claimant had the
intent to deceive, defraud, or disobey his Supervisor or the Carrier when he left work in
accordance with his "comp time" calculations. Moreover, his Supervisor knew that he
intended to leave work early and said nothing to prevent it, leaving him with the
reasonable conclusion that she had authorized the "comp time." Accordingly, the instant
claim is likewise sustained.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 22nd day of February 2012.