PUBLIC LAW BOARD :NO 5550
(Brotherhood of -Maintenance of Way Employes
PAR'IJE:S TO DISPI :'I'L
(The Burlington Northern Santa Fe Railroad
STATEMENT OF CLAIM
1. That the Carrier's decision to remove Vfestern Region, L. L_ Sanchez from
service was unjust.
2. That the Carrier now reinstate Claimant Sanchez with seniority, vacation, all
benefit rights unimpaired and pay for all wage loss as a result of Investigation
held 9 00 a.m on May 22, 1996 continuing forward and/or otherwise made
whole, because the Carrier did riot introduce substantial, credible evidence
that proved that the Claimant violated the rules enumerated in their decision,
and even if Claimant violated the rules enumerated in the decision, removal
from service is extreme and harsh discipline under the circumstances.
3. That the Carrier violated the Agreement particularly but not limited to Rule
13 and Appendix 11 because the Carrier did not introduce substantial, credible
evidence that proved the Caaimant violated the riles enumerated in their
decision.
FINDINGS
Upon the whole record and all the evidence, the Board finds that the parties herein are carrier
and employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly
constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to
this dispute were given due notice of the hearing thereon '-
When an employee is absent without authorization for five consecutive work days he is
ad,,ised that his seniority is terminated, and if he desires an Investigation. he must request same within
twenty days from the date of the notice
lot
13
/Jo .58
Award No
Case \'o. 13
Claimant timely requested the Investigation, during which Claimant readily admitted that he
was absent «ithout authority He also stated he knew he should have called somebody, but lie didn't
Claimant has not worked since February 7, 1996. The termination notice was written
February 20, 1996. Claimant's reasons for being off possibly would have sufficed for a leave of
absence or at least some time off with permission, but he failed to communicate with anyone in
authority He just let it slide
Claimant has been with the Carrier since 1931, and he had one disciplinary hearing for being
absent without authority for which he had been assessed a deferred suspension, so this Board is of
the opinion that Claimant knew better than just to walk away from his job without telling someone
Claim denied
QBDF
B
This Board, after consideration of the dispute identified above, hereby orders that an award
favorable to the Claimant(s) not be made
-/
ZZ-
C. F. Foose
Labor Member
Dated
Rohert~
Chairman and Neutral Member
Greg Griffin
c'~7
Carrier Member