LABOR RELATIONS .
..
. JUL . 1 5 91
NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD N0. 4370 -
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. 30
Case No. 32
STATEMENT OF CLAIM
1. The Carrier's decision to dismiss Mr. T. J.
Samora was in violation of the current agreement.
Said action being unduly harsh and in abuse of discretion.
2. The Carrier will now be required to rein- -
state Claimant to his former position with seniority
and all--rights restored unimpaired with compensation
for all wage loss suffered.
FINDINGS--
By letter dated March 8, 1990, the Claimant was advised -
that he was dismissed from service for rule violation in con
nection with his absence without- authority from January 22
through February 12, 1990. This followed an investigative -
hearing on February 26, 1990,
at
which the Claimant failed
to appear. Letters notifying him of a hearing had been sent
to his address of record, although there is no confirmation -
that he received the-letters. -
This was t-he culmination of extensive correspondence
-
with the Claimant directing him to work assignments.. rnfor- --
mation was received from the Claimant during the course of __.
PLB No. 4370- -
Award No. 30
Page 2
this correspondence, much of it contradictory and untimely
as to his alleged temporary incapacity to work. The Claimant's disciplinary record shows a long history o-f failure
to maintain his attendance, resulting in a number of previous
dismissals and subsequent reinstatements.
There is no basis to--question the Carrier's conclusion
that the Claimant was incapable or unwilling to meet his
commitments as an employee, and the resulting dismissal action
was a logical-consequence.
A W A R D
Claim-denied.
HERBERT L. MARX, JR., Neutral Referee
NEW YORK, N.Y.
DATED: July 12, 1991 -