PUBLIC LAW BOARD NO. 4244
Award No. 245
Case No. 254
Carrier File No. 1499-0123
Organization File No. 90-1311-9916.CLM
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( BROTHERHOOD OF MAINTENANCE
( OF WAY EMPLOYES
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Parties to Dispute: ( -and
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( BURLINGTON NORTHERN SANTA FE RAILWAY
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Statement of Claim: 1. The Carrier violated the Agreement when on July 1, 1999, the
Carrier issued a Level 1, Formal Reprimand to Mr. J. W. Rhodes,
for alleged violation of Rule 1.15 of the Maintenance of Way
Operating Rules, effective January 31, 1999, in connection with
being absent from duty without permission on May 24, 1999.
2. As a consequence of the Carrier's violation referred to above,
Claimant shall have the discipline expunged from his record and
all other rights unimpaired and compensated for all wage loss
and/or otherwise made whole beginning June 7, 1999, continuing
forward.
Public Law Board No. 4244
Award No. 245
Case No. 254
Carrier File No. 1499-0123
Organization File No. 90-1311-9916.CLM
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 in this dispute are a
Carrier and employee representative ("Organization") within the meaning of the Act, as
amended.
FINDINGS
The claimant, J. W. Rhodes, operated the edging machine on assignment TP 17. On
May 24, 1999, the claimant failed to report for duty as scheduled. Subsequently, the claimant
reported for duty on the following date. At this time, the claimant informed assistant
roadmaster G. W. Bounous that he did not have his telephone number. Therefore, the claimant
maintained he could not notify assistant roadmaster Bounous that he would be unable to report
for duty on May 24, 1999.
The Carrier instructed the claimant to attend an investigation for the purpose of
ascertaining the facts and determining his responsibility, if any, in connection with his absence
from duty without permission. As a result of the formal investigation conducted on June 7,
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Public Law Board No. 4244
Award No. 245
Case No. 254
Carrier File No. 1499-0123
Organization File No. 90-1311-9916.CLM
1999, the Carrier issued the claimant a Level 1- formal reprimand for violating Rule 1.15 of the
Maintenance of Way Operating Rules (MWOR). Additionally, the Carrier placed the claimant
on probation for a period of one year. For the following reasons, the Board finds that the
Carrier has satisfied its burden of proof that the claimant violated Rule 1.15 of the MWOR
At the investigation, the claimant testified that he was unable to report for duty on May
24, 1999, due to an illness. The claimant further testified that he was unable to inform assistant
roadmaster Bounous that he was ill because he did not have Bounous' telephone number.
However, the record indicates that the claimant failed to contact foreman L. Taylor, Jr., or any
other Carrier official, in order to inform them of his situation.
Assistant roadmaster Bounous testified at the investigation that he informed each
employee under his supervision to notify either himself or foreman Taylor regarding absences.
Bounous further stated that he announced his telephone number during a meeting which was
attended by every employee in the claimant's gang, including the claimant. Foreman Taylor
also testified that assistant roadmaster Bounous announced his telephone number during this
meeting. Based upon these facts and circumstances, the Board concludes that it was the
claimant's responsibility to obtain the appropriate and necessary telephone numbers either
during or after the meeting conducted by assistant roadmaster Bounous. The claimant knew
or should have known the telephone number to contact assistant roadmaster Bounous.
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Public Law Board No. 4244
Award No. 245
Case No. 254
Carrier File No. 1499-0123
Organization File No. 90-1311-9916.CLM
Rule 1.15 of the MWOR, entitled "Duty- Reporting or Absence," provides as follows:
"Employees must report for duty at the designated time and place with the necessary equipment
to perform their duties. They must spend their time on duty working only for the railroad.
Employees must not leave their assignment, exchange duties, or allow others to fill their
assignment without proper authority." The record reveals that the claimant failed to report for
duty on May 24, 1999. Additionally, the claimant did not have permission to call off on this
date. Further, the record indicates that the claimant did not attempt to contact the Carrier
regarding his absence, and as previously noted, the claimant should have known the telephone
numbers of the appropriate Carrier officials. Therefore, the Board concludes that the claimant
violated Rule 1.15 of the MWOR.
The Carrier's Policy for Employee Performance Accountability provides, in part, as
follows:
Level 1- First offense within 3 years- formal letter of reprimand
The recipient must respond by developing with management a
joint written solution to correct behavior giving rise to the letter.
For an employee's first rule violation, the normal three-year
probationary period may be reduced to one year at supervisor
discretion.
Based upon the claimant's personal record, the Board fords that a formal reprimand by the
Carrier was the appropriate discipline for the claimant's rule violation. For each of the
aforementioned reasons, the claim must be denied.
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Public Law Board No. 4244
Award No. 245
Case No. 254
Carrier File No. 1499-0123
Organization File No. 90-13I1-9916.CLM
AWARD
The claim is denied.
,
Thomas M. Rohling, Carried ember R
B
Wehrli, Employee ember
0 ~'WV"~fi-r
onathan 1. Klein, Neutral Member
This Award issued the ~??t~day of , 1999.
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