PUBLIC LAW BOARD NO. 5850
Award No. 187
Case No. 187
PARTIES TO DISPUTE :
(Brotherhood of Maintenance of Way Employees)
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when on November 16, 3000, Mr,
M. R. Worster was issued a Level-S, so-day actual suspension for violation
of Maintenance of Way Operating Rule 1.6 in connection with his alleged
failure to provide factual Information and dishonesty in connection with per
diem payments clakned In the PATS Timekeeping System covering the
period June 1, 5000 through September 8, 2000, while assigned as Grinder
working at Sidney, Nebraska and headquartered at Sterling, Colorado.
1. As a consequence of the Carrisra violation reftmd to above Mr.
Worsber shall be compensated for all wages lost and the discipline shall be
removed from his personal record in accordance with the Agreement
FINDINGS
Upon the whole record and all the evidence, the Board finds that the parties
herein am carrier and employse within tin 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 wen given due notice of
the hearing there.
CVkrrnt In this ease was identified in Case No. 186 as the grinder wherein he
testified In behalf of the Welder. In this case, the Welder testied as Claimant's whrwss.
In s8 other respects, both cases followed the same patesro.
What tins been said In Case No. 186 Is Incorporated in
f
entirety In this case.
Page 2
Award N0.
/ 81
Case No. 787
AWMW
Clalm sustained In accordance with the Findings.
ORDE
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Clsimanl(a) be made. The Carrier is ordered to make the
award elfecfive on or before 30 days following the dab the award Is adopted.
L. INeks, Chairman 8 Neutral Member
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Thomas M. Rohlina, Ca Member
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Rkk B. ahrll, Labor Member