PUBLIC LAW BOARD NO. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. 16
Case No. 16
STATEMENT OF CLAIM
The Carrier violated the current Agreement when
it dismissed Trackman H. C. Williams on the basis of
unproven charges. Said action being excessive and
in abuse of discretion.
The Carrier reinstate Claimant to his former
position with seniority and all other rights restored
unimpaired with pay for all loss of earnings suffered
and his record cleared of all charges.
F I N D I N G S
The Claimant was notified to attend an investigative hearing
on November 17, 1987 concerning his responsibility for his
"alleged absence from duty without authority from October 28,
1987 until November 9, 1987". The Claimant failed to appear
at the hearing. Following the hearing, the Claimant was dismissed
from service.
The Claimant's Foreman testified at the hearing as
follows:
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Award No. 16
Page 2
18. Q. Have you had contact or has he had
contact with the railroad since then?
A. On October 26, a girl called in for
him sometime that day, and said he took his sister
to the hospital, on a pay phone, and October 27, a
girl called in sometime during the day and said he
was-sick. And after that I haven't heard anything
else-from him or anybody else.
The Foreman further testified as to the Claimant's
adequate knowledge concerning reporting procedures.
The hearing record demonstrates that the Claimant failed
to meet the requirements of Rule 570 concerning attendance.
The Organization provided information in the claims
handling procedure that the Claimant's house had burned down,
thus allegedly explaining why he did not receive the hearing
notice, and that he had advised a-Carrier official as to a
broken leg. In response, the Carrier contends that the house
burning had been a previous incident, for which the Claimant
had received- time off, and that there was no record of report
of a broken leg.
Under these circumstances, the Referee finds no basis to
disturb the Carrier's dismissal action.
The Organization also makes a procedural objection in
that the- reply to the Organization's appeal was not signed by
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Award No. 16
Page 3
the designated Division Superintendent. The reply was, however,
signed "for" the Division Superintendent by a member of his
staff, and the Referee finds this was sufficient.
Claim denied.
HERBERT L. MARX, JR., Referee
DATED: September 29, 1989 - _
NEW YORK, N.Y.