PUBLIC LAW BOARD NO. 4244
Award No. 206
Case No. 211
( BROTHERHOOD OF MAINTENANCE
( OF WAY EMPLOYES
Parties to Dispute: ( -and
(
(
(
( BURLINGTON NORTHERN SANTA FE RAILWAY
Statement of Claim: Claim on behalf of Central Region Trackman Truck/Driver J.
T. Lenke, for all wage loss and/or made whole beginning April
23, 1996 forward for sixty (60) days (6-23-96), credit for all
vacation time during the above-mentioned period, and expunge
the sixty (60) day suspension from the Claimant's personal
record.
INTRODUCTION
This Board is duly constituted by agreement of the parties dated January 21,
1987, as amended, and as further provided in Section 3, Second of the Railway Labor Act
("Act"), 45 U.S.C. Section 153, Second. This matter came on for consideration before the
Board pursuant to the expedited procedure for submission of disputes between the parties.
The Board, after hearing and upon review of the entire record, finds that the parties involved
Public Law Board No. 4244
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Case No. 211
in this dispute are a Carrier and employee representative ("Organization") within the meaning
of the Act, as amended.
FINDINGS
On April 23, 1996, the claimant, truck driver/trackman John T. Lenke,
reported for a safety meeting scheduled for review of defensive driving, hazardous material
communications, safety rules and back saver instructions. Each of the employees in
attendance was required to sign a safety meeting attendance roster, and to print his or her
name, together with a social security number. The instructor, safety assistant Lawrence
Guerrero, notified the attendees at the commencement of the safety meeting of the need to
correctly report their social security numbers on the attendance roster. The social security
numbers are imputed into computers for tracking purposes -- to find out which training
classes each employee has attended.
The claimant declined to complete the sign-in sheet. When it was discovered
that the claimant had failed to sign or place his signature on the attendance roster, Guerrero
announced to the safety class that those who declined to sign the roster would have to leave
the class. The claimant testified that while he had no objection to signing the roster, he
declined to provide his social security number, "because I have a very great concern about
putting my social security number out into the public . . . unsupervised conditions such as
this meeting, for financial reasons." (Tr. 17). He also stated that Guerrero told him either to
write his social security number, and to print and sign his name, or not to sign the roster at
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Case No. 211
all. Guerrero denied that claimant offered any reason for his failure to provided his social
security number, although the claimant did not otherwise refuse to participate in the safety
class.
Gregory Old, a track foreman and claimant's supervisor, testified that he was
in attendance at the safety meeting on April 23, 1996. Old verified that the entire class was
directed to place their name, signature and social security number on the sign-in sheet. The
claimant was twice instructed to sign the sheet, but declined to do so. According to.Old,
claimant offered no reason for his declination to provide the requested information. Track
supervisor David Morris also was in attendance at the safety meeting, and he determined that
the claimant had failed to sign-in after completing a head count of the attendees: Morris
confirmed claimant declined to sign the meeting roster.
The roadmaster, Zenner, received a telephone call from Morris who relayed
information concerning the claimant's refusal to provide his social security number. Zenner
approached the claimant who had left the safety meeting, and offered to return him to the
class if he would complete the Safety Meeting Attendance Roster, including providing his
social security number. The claimant agreed to sign his name, but declined to write his
social security number, citing concern that other individuals might access his bank accounts
using his number. The claimant was immediately removed from service pending an
investigation, and later received the sixty-day suspension on appeal before this Board.
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Case No. 211
The Board finds no support for the Organization's assertion that claimant was
simply protecting his right not to divulge his social security number at the safety meeting.
There is no evidence that claimant possessed any right to preclude the use of his social
security number in the manner it was to be used in this case. The use of the claimant's
social security number to track his attendance at the safety meetings appears to be a
reasonable method to verify the completion of important tasks required of a large work force,
and to ensure that each individual employee is properly credited with the necessary training.
There was no evidence that claimant's bank accounts could have been accessed by the
disclosure of his social security number, or that any Carrier official or employee had used
the claimant's social security number in an improper or unlawful manner.
The Board concludes that claimant failed to comply with a proper instruction
from his supervisors in violation of Rule 1.13. While claimant was offered a choice as to
providing the requested information or having to leave the safety class, there is no credible
basis to find, as suggested by the Organization during the investigation, that claimant's
election to leave the class provided him with immunity from discipline for his refusal to
comply. However, the Board determines that based upon all the facts and circumstances, a
sixty-day suspension is excessive, punitive and unreasonable. The Board further notes the
claimant's prior record which, since his date of hire in April 1972, contains one entry in
October 1990 of ten demerits. Accordingly, the suspension is hereby reduced to ten calendar
days, commencing April 23, 1996.
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Case No. 211
AWARD
The claim is sustained, in part. Claimant's suspension is reduced to ten
calendar days commencing April 23, 1986, and he shall be compensated for the net wage
loss resulting from the balance of the sixty (60) day suspension within thirty (30) days of this
Award.
Greg Grif , Carrier Member Clarence F. oose, Employee Member
nathan 1. Klein, Neutral Member
This Award issued the
Z Z
day of
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~ , 1997
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