Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THE DIVISION
Award No. 41573
Docket No. MW-41864
13-3-NRAB-00003-120134
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 discipline (withheld from service by letter dated February 2,
2010 and subsequent dismissal by letter dated March 5, 2010)
imposed upon Mr. W. Olson for alleged violation of MOWOR 1.13
Comply with Instructions, MOWOR 1.15 Reporting or Absence
and MOWOR 1.6 Conduct in connection with charges of failure to
comply with instructions to plow snow between Grizzly and
Spotted Robe and leaving his assigned position without authority
and falsification of time roll on January 29, 2010 while working on
the Hi Line Subdivision was arbitrary, capricious, excessive and in
violation of the Agreement (System File B-M-2142-Ml11-10-0200
BNR).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant W. Olson shall now receive the remedy prescribed by the
parties in Rule 40(G)."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1
Award No. 41573
Docket No. MW-41864
13-3-NRAB-00003-120134
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.
involved herein.
Division of the Adjustment Board has jurisdiction over the dispute
Parties to said dispute were given due notice of hearing thereon.
The record clearly shows that the Carrier had just cause to discipline the
Claimant for the charged misconduct. However, given the facts and circumstances
pertaining to and surrounding the Claimant's actions in conjunction with his long
term discipline-free work record, the dismissal was arbitrary and capricious.
appropriate discipline is for the dismissal to be rescinded and reduced to a suspension
without pay.
The Claimant is to be reinstated without loss of seniority or benefits and
returned to work as soon as practical.
AWARD
Claim sustained in accordance with the Findings.
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 18th day of March 2013.