PUBLIC LAW BOARD N0. 56611
Award No.
Case No. 169
(Brotherhood of Maintenance of Way Employes
PAFtT1E,TQ _DISPUTE:
The Burlington Northern Santa Fe Railroad
_ ?he Carrier
violated the Agreement when on October 12, 2000, Mr.
Marc S. Anderson was dismissed from service
for his a"d violation of
Rules 1.13 and 1.15 of the
Maintenance of Way Operating Rules effective
January
31, 1989 including revisions of April 2, 2000, In conjunction with
his failing to provide requested medical Information and his absence
without authority.
As a consequence of the Carrier's violation referred to above, the
discipline shelf
be removed from the Claimant's personal record, her shall
bit reinstated to service with seniar#ty and a8 other rights restored and he
shat! be compensated
for al! wages last, In accordance with the Agreement.
I·
1K(XNG,a
.
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employ" within the meaning of the Railway Labor Act, as
amended. Further, the Board is duly constituted by Agreement, has jurltd'~cdon of the
Parties and of
the subject matter, and the Parties
to this dispute ware
given due notice of
the hearing thereon.
On September
22, 2000, the Carrier wrote
Claimant setting an Investigation
because of his:
"...alleged failure to comply with written inatrucdan: per Cert!lled fetter,
7099 3220 0004 3636 8445, of September 1, 2000; your alleged absence
without proper authority
from May 5, 2000
to the present date far failure to
provide proper documentation to substantiate your Reeve of absence;
possible violation of Rules 1.43 and 1.15, Maintenance of Way Operating
Page 2 Award
lea. i ~r
q
Came No. 1!t
Ruits: .ltrcdv. January 3,, 1299, innlufint r. mr ~tlvo April 2.
*...H
Claimant who received )htr above eottoer elected not do lftnd which is his rfght
under these clrcu rug:, bit dome at his potli.
The Carrier at tit lttvitsftsllctn fiurrttalaad oubstantia! evidence of Glalrrsnt's
failure to comply with Csrrisr's Instructions, snit sines Claimant did not Sland, the
evidence remained unrefuted.
Tha dlaclptttrar of dismissal under these circumstances is teat sn abuse of
Carritps
suthoft.
AWM
Ctalm dented.
ORDIB
This Board, after consldsration o! the dlspwta Wantitiad above, hereby orders that
an award favorable to the C1almantts) not b: made.
I
Robert t.. Hicks, Chairman
x Neutral 1111glaber
s
Rick B. WOOL Labor Member homsa It ft ohlt
rgr
arrtir Aber
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