NATIONAL MEDIATT_ON BOAR

PUBLIC LAW BOARD NO. 4768


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

and

BURLINGTON NORTHERN RAILWAY COMPANY


AWARD NO. 54

Carrier File No. 4 MWA 900807

Organization File No. C-90-D070-3







Following an investigative hearing, the Claimant was dismissed from service for his "dishonesty and failure to report rules violation in connection with the substitution of Remidios Lopez working in place of Manuel Guerrero [the Claimant's brother] during the period of May 11, 1989 to December 1, 1989".
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The investigative hearing was originally scheduled within the required 15 days. Before such date, however, the Carrier postponed the hearing to a date two weeks later. The Organization argues that this invalidates the hearing and its results. The Board notes, however, that no protest as to the short delay in hearing was made prior to or, more significantly, at the hearing itself. Since there was no perceived harm to the Claimant's defense, the Board in this instance finds no basis to invalidate the hearing.

The record clearly demonstrates the Claimant's role in having knowledge of and assisting in deceiving the Carrier in the substitution of a person without employee status for that of the employee recalled to service. The offense is serious, and the Carrier's dismissal action was a reasonable result.


                        A W A R D


      Claim denied.


                  r~,/rL r

        HERBERT L. MARX, Jr, Chairman and Neut al Member


            G1

            MARK . S P AUGH, mpl a Member


                            AP

                D. M LL, Carr er Member


NEW YORK, NY

DATED
                          -2-