PUBLIC LAW BOARD N0. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. -4
Case No. 5
STATEMENT OF CLAIM
Claim on behalf of R.D. Couch, that he be reinstated to his former position with all seniority
and other benefits unimpaired and that he be compensated for all wage loss suffered as a result
of his dismissal from service e.ffecti-ve.October
7,
1986.
F I N D I N G S
Claimant was absent from work commencing May 2, 1986. Follow- -
ing an investigativehearing, Claimant was assessed a disciplinary penalty of 30 days for being absent without authority.
He was advised that, following the suspension, he was required
to report for work on July 23-, 1986. When he did not return
to work, he was notified on September 22, 1986 of a further inves-
tigative hearing as to his "alleged absence from.duty without __
proper authority from July 23,-1986 through September 18, 1986".
PLB No. 4370
Award No. 4
Page 2
The hearing was set for October 1, 1986, but the Claimant
failed to appear or to request a postponement. Carrier testimony was that the Claimant had failed to report or make his whereabouts known between the-cited dates.- .-
The record indicates that the Claimant has e.ffectivelp
abandoned his-employment with the Carrier, and the resulting
dismissal from service following the hearing was the inevitable
result.
A W A R D
Claimdenied.
HERBERT L. MARX, JR., Referee
NEW YORK, NY
DATED: June 9, 1988