NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD N0. 4768


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

AND

BURLINGTON NORTHERN RAILROAD COMPANY


AWARD N0. 18

Carrier File No. MWA 890926

Organization File No. C-89-D070-2








F I- N D I-N G S Following an investigative hearing, the Claimant was dismissed from service for "failure to-protect [hi-s] assignment Monday June 19, 1989 at Mullen, Nebraska". The record shows that the Claimant fail-ed to make contact with the Welding Supervisor, or the Roadmaster, despite previous instructions to. do so. Disciplinary action was
 ` PLB No. 4768
                                        Page Z


        obviously warranted, particularly in view of previous disci--plinary penalties relating to the Claimant's failure to protect his assignment.

        The Claimant had completed 12 years of service at the time of his dismissal. Given all the circumstances involved in this matter, the Board finds the penalty o-f dismissal unduly harsh. The Award will direct the Claimant's reinstatement with seniority unimpaired, but without back pay or retroactive benefits. The time-out of service since the Claimant's dismissal shall remain on his record as an extended-disciplinary suspension. In view of this, the Claimant should clearly understand that any further failure to comply with applicable rules could readily be sufficient grounds for his dismissal.


                              A W A R D

        Claim sustained tothe extent provided in the Findings. The Carrier is directed to put this Award into effect within thirty days of the date of this Award.


              HERBERT L. MARX, JR., Chairman and N utral Member


                    MARK(/.' SCHAPPS GH, Employee Member


              WENDELL BELL, Carrier Member

New York, N.Y. DATED: