Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
1. That the Carrier violated the current
Agreement when it dismissed Track
Laborer F. Burbank. Said action being
excessive, unduly harsh and in abuse of
discretion.
2. That the Carrier now reinstate Claimant
to his former Carrier position with
seniority and all other rights restored
unimpaired, with pay for all loss suffered,
and his record cleared of all charges.
FINDINGS
PLB Case No. 5
NMB Case No. 5
At an investigation held in absentia on'February 15,
1991, Carrier produced evidence that Claimant, -a Track
Laborer on Extra Gang 23 in Wells, Nevada, absented himself
without proper authority from November 10, 1990,- forward.
53RD- 5 -
It was also apparent at the hearing that Claimant knew of
the date and location of the investigation, but provided no -
reasonable explanation for his absence.
Based upon the above, this Board concludes that Carrier -
was correct in proceeding with Claimant's hearing and that
it had a sufficient basis upon which to conclude that Claimant should be terminated from service. In becoming an
employe, individuals such as Claimant strike a bargain that
in return for pay and other benefits, they will provide
their services on a regular basis. Claimant failed to-live
up to his side of the bargain and thus his discharge is
justified.
AWARD __ _
Claim denied.
C.H. Gold, eut al Chairman
C.F. Foose; Employe Member K.E. Johnson, Carrier Member
Date of Approval -