NATIONAL MEDIATION BOARD PUBLIC LAW BOARD NO. 7048 AWARD NO. 69, (Case No. 69)

BROTHERHOOD OF MAINTENANCE OF WAY
EMPLOYES DIVISION - IBT RAIL CONFERENCE

BNSF RAILWAY COMPANY

William R. Miller, Chairman & Neutral Member
Samantha Rogers, Carrier Member
David D. Tanner, Employee Member

STATEMENT CAF CLAIM:

"Claim of the System Committee of the Brotherhood that:

1. The Carrier violated the Agreement commencing September 14,2010, when Claimant, Terry Do Rodriguez (6569255), was allegedly improperly disciplined by Disqualification as a Foreman as a result of multiple violation. The Carrier alleged violation of MOWOR 1.13 and Ell 6.7.5.

2. As n consequence of the violation referred to in part I the Carrier shall remove from the Claimant's record this disqualiticntion and reinstate his seniority as a Foreman and he be compensated for his lost time and expense and otherwise made whole." (Carrier File No.14-10-0182) (Organization File No. 180-13D3-105.CLM)

FINDINGS:

Public Law Board No. ?048, upon the whole record and all the evidence, fnds and holds

that Employee and Carrier are employee and carrier within the meaning of the RaiA vay Labor
Act, as amended; and that the Board has jurisdiction over the dispute herein; and that the parties
to the dispute have participated in accordance to the Agreement that established the Board.

This is a companion case involving the same Claimant in Award No. fib of this Board. In

that case Claimant was assessed a level S 30 Day Record Suspension with a three year
probation period. The Board discover that during the handling of that case the
Organization was able to substantiate that in addition to the record suspension the Claimant was
disqualified from his position as a Foreman which resulted in loss of compensation. The instant
case involves the identical incident coves by Award No. 66 that resulted in Claimant's
disqualification. In the aforementioned Award the Board held that the record suspension was to
lie set aside and the Claimant was to be reinstated as a Foreman with seniority intact and made
whole at the straight time rate for arty loss in ditTerence of pay between the Foreman rate of pay
P. G. S. No. 7048

Award No. 69, Case No. 69
Page 2

and the positions he has held since being disqualified. The skillful arguments of the respective parties need not be reiterated in this instance as the question of Claimant's disqualification was resolved in Award No. fib, therefore, the Board finds and holds the subject case is now moot, thus the claim is dismissed.

AWARD

Claim dismissed.

William lt. Miller, Chairman & Neural Member

Samantha Rogers, Carrier ltlember

.ward Date:

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David D. Tanner, Employee Member