BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

BURLINGTON NORTHERN RAILROAD COMPANY


AWARD N0. 3

Case No. 4


                    STATEMENT OF CLAIM


      Claim on behalf of L. E. Kennard that he be reinstated to his former position with all seniority and other benefits unimpaired and that he be compensated f-or all wage loss suffered as a result of his dismissal from service--effective September 19, 1986.


F I N D I N G S Following an investigative hearing,- the Claimant was dismissed from service for "failure to comply with instructions from proper authority at approximately 12:30 p.m., August 13, 198-6". As made clear at the hearing, the Claimant, an Assistant Foreman, was directed by a Special Agent to report to the Roadmaster's office, where two police officers were waiting to talk with him. According to the Special Agent's testimony, the Claimant acknowledged this and stated he would comply "in a few. minutes".
                                  PLB No. 4370 Award No. 3 Page 2


Another witness, a Machine Operator, testified that the Claimant instead directed him to get hiscar and drive the Claimant to a nearby bus stop. The Claimant left his own car on Carrier property. The testimony of the witness provided strong indication that the Claimant was-seeking-to avoid contact with the police officers.
 An Organization representative of the Claimant appeared at the hearing as scheduled. The-Claimant--failed-to appear, - although the record indicates that he received n.o-tiiication of the hearing.
 The record does not show whether or not the Claimant reported for duty subsequent to this occurrence. By his failure to appear at the hearing, however, a negative inferencecan properly be drawn that, contrary to proper instruction given to him, he had "skipped" from the property. Further based on the Claimant's failure to appear at the hearing and explain his actions, there is no basis for the Board to-disturb the resulting disciplinary action taken by the Carrier.

                        A W A R D


      Claim denied.


                HERBERT L. MARX, JR., Referee


NEW YORK, NY DATED: June 9, 1988