t
dECElVED-GWvEl' .
LABOR RELATION=
JUL 1 5 91
NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD N0. 4370
BROTHERHOOD OF MAINTENANCE 9F WAY EMPLOYEES '
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD N0. 32
Case No. .34
STATEMENT OF CLAIM
1. The Carrier's decision to dismiss Mr. M. A.
Woods was in violation of the current agreement.
Said action being unduly-harsh and in abuse of dis
cretion. -
2. The Carrier will-now be required to reinstate Claimant to his former position with seniority
and all rights restoredunimpaired with compensation for all wage loss suffered.
F I N D IN G S
Following a layoff, the Claimant reported for work on
January 8, 1990. Since he did not take a Xreturn-to-work
physical examiaation_having been out of work in excess of
60 days, he was directed to do-so and report back to work.
Nothing was heard from him thereafter.
On January 19, 1990,- he was sent
a
notice to attend
an investigation concerning his absence from January _9
through January 19. The record shows that he signed for
receipt of the letter. He failed., however,- to appear at-the
PLB No. 4370
Award No. 32
Page 2
hearing. By letter dated February 5,
notified that he was dismissed from
In the absence of any explana
failure to follow.instructions as to
eexamination -and/or returning to duty
1990, the Claimant was
service.
tion of the Claimant's
-,reporting.for.a,physical
y thereafter, it can only
be assumed that heabandonedhis_employment.. The Carrier's
notice of dismissal logically followed.
A W A R D
Claim d,enied.
NEW YORK, N.Y.
BATED: July 12, 1991
HERBERT L. MARX, JR., Neutral Referee