AWARD NO. 131
NMB CASE NO. 131
UNION CASE 98031
COMPANY CASE 1116391
PUBLIC LAW BOARD NO. 44-40
PARTIES TO TEE DISPLTE:
LiN70N PACIFIC RkILROAD COMP.-N
(Western Region)
_and_
BROTHERHOOD OF LOCOMOTTVE ENGD7LERS
STATEMEN7 OF CLAZM:
Appealing the Lpgrade Level 2 DiscipiLne assessed to Engineer A. F. Jimerson and
request the expungement of discipli-.e assessed and pay for any and all time lost with
all seniority and vacation rights restcred unimpaired. Action taken as a result of
formal investigation held or. Januar: -Q, 1998.
OPLV70N OF BO?RD: On January 21, 1998, Carrier issued letter of Notice of Investigation to
Claimant, instricting him to appear for an investigation and hearing on January 28, 1998, in Los
Angeles, to "develop the facts and place --individual responsibility, if any, in connection with the
following charge"(Emphasis added):
1V aile assiened as Eneineer for the Union Pacific Railroad, at Los Angeles, California, you allegedly
failed to comply with inst:actions on Nlay _1. 1997, regarding your absenteeism and abuse of the
layoff status, indicating possible violation of Rule 1.13 as contained in the General Code of
Operating Rules, effective April 10, 1994.
Examination of the transcript of the formal investigation shows unrefuted testimony from
Claimant that birth of a baby in October 199'', two (2) family deaths in November 1997 and another
family death in December 199 7 accounted for a number of the layoffs. Moreover, the record also
shows that Carr'.er "counted" as absences some days when Claimant was actually protecting the
Extra Board but was rot called and that all of his layoffs were processed in accordance with the
mandates of LE 3335, dated May 12, 1966, which states:
"n
e following shall be added to ?ara=ra:u T of BLE Rule 15 1 of the effective Schedule Agreement:
A lay off of one day, to and including ::fteen (15) days mustbe approved by the authorized
representative of the Camer. The Carrier representative handling the crew board under
which the
engineer
is w'or:;ing"Viil'ce an authorized representative for this purpose. A leave
of absence over fifteen (1=) days to and including ninety (90) must be approved by the
Sute:.ntendent.
pL12 No . 415'0
AWARD NO. 131
NNIB CASE NO. 131 .
UNION CASE 98031
COMPANY CASE 1116391
This Board concludes that carier failed to prove its charge that Claimant violated Rule 1.13 of the
General Code of Operating Rules. Third Edition effective April 10, 1994, - Reporting and
Complying with Instructions:
Employees will report to and comply with instructions from
supe: visors who have the properjurs diction. Employees will comply with instructions issued by
managers of various departments when the instructions apply to their duties.
AWARD
1) Claim sustained.
2) Carrier shall implement this avc .vidiin thit", j (30) days of its axecuticn by a
majorit,
y of the Bcard.
Dana Edward E'schen, Chairman
Dated at Spe.^.cer, \ex York on March 9, 2002
o
j
Union Vlember\;
, I ~ Company
Member