NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD N0. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD N0. 19
Case No. 21
STATEMENT OF CLAIM
(1) The Carrier violated the provisions of the
current Agreement when it dismissed Mr. M. B. Phillips
on the basis of unproven charges. Said action being
excessive and in abuse of discretion. (System file
EMWD 88-11-04).
(2) The Carrier reinstate Claimant to his former
position with seniority and all other rights restored
unimpaired and compensated for all wage loss suffered.
F I N D I N G S
Claimant was subject to an investigative hearing concerning his responsibility for his "alleged absence from duty without
proper authority on June 2, 1988 and June 3, 1988" while assigned
as Trackman. At the hearing, the Claimant admitted that he had
failed to report on this two days and had not sought permission
to be absent.
Following the hearing, the Claimant was dismissed from
service. While a -two-day absence, by itself, would not
PLB No. 4370
Award No. 19
Page 2
necessarily warrant dismissal, such
of the Claimant's disciplinary record.
Claimant had been assessed numerous
penalties, two dismissal
least one of which was on a lenien
Referee has no basis
Contentions by
to
both
must be viewed in the light
In this instance, the-
s previous disciplinary
s which were rescinded, at
cy basis. On this basis, the
disturh the Carrier's action.
h parties as to failure to meet time
limits in the claims handling procedure are not considered to
be of consequence by the Referee.
Claim denied.
A W A R D
HERBERT L. MARX, JR., Referee
DATED: September 29,-1989
NEW YORK, N.Y.