Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45162 Docket No. MW-47585
24-3-NRAB-00003-220646
The Third Division consisted of the regular members and in addition Referee Jeanne M. Vonhof when award was rendered.
(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference
(BNSF Railway Corporation STATEMENT OF CLAIM:
“Claim of the System Committee of the Brotherhood that:
The discipline (dismissal) imposed upon Mr. T. Brabec, by letter dated March 5, 2021, for violation of MWOR 8.3, MWOR 9.18 and MWOR
6.3 was on the basis of unproven charges, arbitrary, excessive and in violation of the Agreement (System File C-21-D070-13/10-21-0151 BNR).
As a consequence of the violation referred to in Part (1) above, Claimant T. Brabec shall be reinstated to service, have his record cleared of the charges leveled against him and he shall be compensated in accordance with Rule 40G of the Agreement.”
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 Award No. 45162
Page 2 Docket No. MW-47585
24-3-NRAB-00003-220646
As the Board has denied the claim in Third Division Award 45157 and upheld the dismissal of the Claimant, this claim is moot and will be dismissed.
Claim dismissed.
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 22nd day of February 2024.