PUBLIC LAW BOARD N0. 5850
Award No.
r
(0G'
Case No. !a6
(Brotherhood of Maintenance of Way Employee
EM, TiE$ TO DISPUTE:
(The Burlington Northern Santa Fe Railroad
STMINI
flF
CLAIM:
1. The Carrier violated the Agreement when on November 11,1998, Mr.
R. P, Edward: was dismissed from service for his alleged violation of
Engineering Instruction 22.5 and Rules 1.15 and 1.13 of the Maintenance of
Way Operating Rules Effective January 81, 1999 as revised in conjunction
wRh his alteQed absence from duty without authority on October 18
through 26,1999 and his continuing absence.
2 As a consequence of de Carrier's
violation referred to
above, the
Claimants shay
be reinstated with
seniority, vacation, alt other rights
unimpaired, the discipline shall be removed from the Ctahnant's personal
record, and ho shall be compensated for all wages lost, fn accordance with
the Aqreonwnt.
,
fIN,Qi
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employee within the meaning of the RaiMray 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 gluon due notice of
the hearing thereon.
This is the final of three
cases involving
Claimant (see Cases 184 and !66)
wherein he tiled to protect a vacancy at Macomb, Illinois. He was absent without
authority October t8 thru 26,1999.
M investigation was scheduled and again Claimant exercised his option not to
Page 2
rnd, thus leaving true evidence Carrier presented standing unchallenged.
Claimant had the opportunft to defend himself, to prssant evidence supporting
the flryanEtation's post -Investigation claim that Claimant was never ass%ned to Macomb.
Obviously, Claimant has no intsrast In working for the Carrier.
The Organization raised the Issue of Carrier's failure to natNy the "appropriate
Local Organization Repreaentathre." This issue has been fully discussed in Case No. 164
of this Board and wrist has barn said there is incorporated In its entirety to this Award.
AWM
Claim dented.
ORDER
Thin Hoard, sitar
consideration of the dispute identllied above, hereby orders that
an award favorable to
the Clairttant<s) not be made.
,,~ .,
~ . ~c;~'~
Robert L. Hicks, Chairman A Neutral Member
Rick B. YVahrli, Labor Member
Dated: j~ G
~ 4,5~"`
Award No.
144
Cm No· 166
y
T as M.
o~ Carrier Mburr
