1Bratherhcrod of Maintenanc* of Way Employee PAfi'tIJ;$_I(1he Burlington Northern Santa Fe R:broad

1. The Garner violated the Agreement when on November 31, 2000, the Carrier suspended Mr. J. L. Quanstram from service for 45 days In connection with his alleged violation of Maintenance of Wary Operating Rule 1.6 and Engineering Instructions, Section 21.1 based on his alleged improperly authorizing (providing computer password and approving improper payroll entries resulting in overpayments) to the Assistant Foreman assigned to Mini-Mech Tie Gang #27236.

2. As a consequence of the Carrier's violation referred to above the
 discipline shall be removed from Mr, 4uanstrom's personal record and he
 shall be compensated for ail wages lost, 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. Furtive, the Board is duty constituted by Agreement, has jurisdiction of the Parties and of tile subject matter, and the Parties to this dispute were given due notice of the hearing thereon. The basis for this dispute are the same as found in Case No. 1T5; the alleged muse and/or abuse of Pay Code 41. Claimant was the Foreman an the gang that the Claimant in Case 176 moved unto and commenced keeping the payroll. The charge to Claimant was for the period before the Claimant In Case No. 176 commenced doing the payroll.
 Page 2 Award No. ! "i ~
 Cars No. 174

in reviewing the ills and ail mated material, then Is no question concerning the Improper Pay Code, 41 entries, but this Board la to determine whether the Improper use was deliberate knowing it was wrong or a simple short to do a proper job based on the Inlbrmatlon available.

This Board finds that the Carrier moat assume total responsibility for what occurred. First of alt, the pay code Information sheets an, to say the least Incomplete and or misleading. Claimant commenced service with the Canter September 25. 1906. About July, 1911?', he achieved Foreman status, but he testified he has newer been to a Foreman's training class, nor has he ever attended a session outlining proper payroll entries.

In the investigation, the Carrier set forth some history of rtlvlsed pay code sheets, each listing pay codes and some explanations as to how each node is to be used.

The sheet Issued In April, 1995, simply listed Pay Code 41 with no explanation of what It was for and how and when (t was to be applied. The September, 1991, pay code revision sheet for Pay Code 41 reads, "$A2.50 - meats and lodging combined." The


February i, 1084, revision reads simply, "Meals Lodging (RLO) iMofiRt). Even the so-called help screen was of no real value. K anything, It was misleading just as the revision
 sheets quoted above. Nowhere to either of the two listings is there a caution that the us*
 of the code was only in very limited circumstances, and definitely not to be used when
 Carrier provides the lodging. When the help screen staffed it was for employees working
 more than ZlxO miles from home, the Assistant Roadmaster and Claimant thought they
 were using Pay Code 41 correctly.
Page Award No. i-14
 tae 174

 Claimant was working with a Carrier official who thought the use of Pry Code 41 was proper.
 The other ratter of Claimant allowing someone vise his PIN number to access the payroll, it may very wait be wrong but it was sanctioned by a Carrier official who is expected to know what b proper and what is not .
 The claim wilt be sustained. Claimant is to be compensated for wit time last as provided to the Agreement, and ail traces of this Investigation are to be removed from his file.
    Claim sustained,


                        gEDE R

This Board, after consideration of the dispute identified shave, hereby orders that an award favorable to the Ctaimanttsl be made. The Carrier Es ordered to make the award effective on or before 30 days following the data the award is adopted.

              Robert L. Wicks, Chairman & Neutral Member


              4 6


Rick B. Wehrti, Labor Member Thomas M. Roh ink, Carrier her

 Dated: 0 rZ'~"i ~a-,,. _2 ~ _~ ~ y i