PUBLIC LAW 130ARD N4 $860
(Brotherhood of Maintsnance of Way Employes
T0..
(The Burlington Northern Santa Fe Railroad
1. The Carrier violated the Agreement when an May 22, 2000, Mr. 0.
Bscatanfie was dismissed from service for allegedly violating Rules 1.13
send 1.15 of the Carrier's Maintenance of Way Operating Rules, effective
January 31,1988, xs amended, and the Letter of Understanding dated
July 13, 1976 In connection with his allegedly being
absent without
proper ,authority far more than five days beginning an March 13, 2000.
2. As a consequence of
the Carrier's violation referred to above, Mr.
Escalante shall be reinstated with seniority, vacation, all ether rights
unimpaired, the discipline shad be removed from the Claimant's
personal record, and he shall be compensated for alt wages tact, in
accordance with the Agreement.
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 mater, and the Parties to this dispute wary given due
notice of the herring thereon.
The Rule Is dear. if an employee is oft more than five consecuthte work days
without proper authority, his seniority and employment with the Carrier aria
terminated by a tatter.
Any employee receiving
such a tatter can, If he so desires, request a hearing,
if the request is within 20 days of the termination letter.
A/1x
Page 2 Award No.
Case No. 155
Claimant did request a hearing, but he did not attend. During the hearing, the
Carrier presented Its evidence and concluded that Cialmant's seniority and
employment with the Carrier were properly terminated.
Claimant's representative requested a postponement so Claimant could attend
as Claimant was in the county jail.
Being In Jail is not a good and sufficient reason for being absent, nor for
requesting a postponement.
Carrier's actions in terminating Claimant were consistent with the Letter of
Understanding of 1976.
I
f
AWARD
Claim denied.
O&QE
$
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(*) not be made.
Z~J-'*~-
---
Robert L. Hicks, Chairman & Neutral Member
t
I
Rick B. Wohrii, Labor Member omas M. Rohling.
Car ember
Dated:
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