Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41570
Docket No. MW-41836
13-3-NRAB-00003-120103
The Third Division consisted of the regular members and in addition Referee
Dr. Lou Imundo when award was rendered.
(Brotherhood of Maintenance of Way Employes
(Division of the IBT Rail Conference
PARTIES TO DISPUTE:
(BNSF Railway Company (former Burlington
( Northern Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier's May 17, 2010 decision to disqualify Mr. D.
Scarberry from his awarded position on Locomotive Crane BN
975428 was unjust, improper and in violation of the Agreement
(System File C-10-D090-2/10-10-0433 BNR).
(2) As a consequence of the violation referred to in Part (1) above, the
aforesaid disqualification of Claimant D. Scarberry shall now be
overturned and `. . . the Claimant's Group 1 Machine Operator
date of April 15, 2010, be reinstated, and that the Claimant be paid
for all straight time and overtime hours lost at the Group 1
Machine Operator rate, beginning May 17, 2010, and continuing
until this issue is resolved, as settlement of this claim."'
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 1 Award No. 41570
Docket No. MW-41836
13-3-NRAB-00003-120103
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Carrier acted correctly when it disqualified the Claimant and in so doing
not violate the Agreement.
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 18th day of March 2013.
