PUBLIC LAW BOARD NO. E850
Award No.
Zo9
Case No. 209
(Brotherhood of Maintenance of Way Employs*
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM
:
1. The Carrier violated the Agreement on July 1s, 2001, when It issued
Mr. 11. Garcia, a Formal Reprimand for alwged>y violating
Maintenance
of
Way Operating Rules 1.13, and 1.6, for falling to
comply with Instructions resulting in a false time rod entry.
2. As a consequence
of
the violation referred to above, the Carrier
shad remove any mention
of
the Incident from Mr. Garcia's personal
record, and make him whole for any wages lost, per the Agreement
FIND
Upon the whole record and all the evidence, the Board finds that the parties
herein am carrier and employee within the manning 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 o1
the hearing thereon.
Claimant was asked by the Roadmaster to take two cylinders from when M was
working at Merced to Fresno for another crew working on a project at Divisldero Street
Claimant agreed but because of the weight and grime, his Foramen told him to
take the welling truck and bring It back In the morning.
One glaring omission In this transcript Is the lack of any verification of tine or
of
distance trawled. For instance, how far is FIR from Merced where the cylinders were
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S N ~ ~ SB SD
Award No.
Zo9
Case No. 208
stored, to Fresno where they were delivered, to Claimant's home from Fresno
and then
from Claimant's home to the work sift at Merced.
Claimant stated M left Merced around 4:00 PM; It took him about one hour ton
minutes or one hour twenty minutes to drive the distance, about twenty minutes to
unload, then he drove home.
Claimant claimed two and one halt hours overtime. The Roadmaster thought this
was out of line and convinced Claimant he should only have claimed one hour. Claimant
stated he would, then Claimant alleged it slipped his mind and he did not correct the
payroll.
The Roadmaster then instigated these proceedings. Claimant b surely entitled to
the time worked in excess of his normal hours. He spent one hour thirty minutes to one -
hour
forty
minutes in eflect)ng the delivery, then the drive between delivery point and
The burden of proof is upon the Carrier to substantiate Its contention of wrong
doing by furnishing substantial evidence supporting its charge. This has not been
accomplished. The only thing established was that Claimant agreed to cut his tints but
did not. This does not relate to insubordination, nor has the Carrier established that he
falsely claimed time.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute Identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
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award eKecdve on or before 30 days following the data the award Is adopted.
Robert L. Hicks, Chahrnan & Neutral Member
Rick 8. Mhhril, Labor Member
Dated:
~o,h
~,.U/ 10
o
2
Award No. 2.09
Case No. 209
homes N. Rohlinp, Carrie ember