PUBLIC LAW BOARD NO. 6850
Award No.
Case No. 234
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE
:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIIYI
:
1. The Carrier allegedly violated the Agreement when Mr. Robert M.
Moore was disqualified on January 26, 2003 from a Track Supervisor
position and following investigation on March 27, 2003, the decision
concerning his disqualification eras upheld, he was given a formal
reprimand with 1 year review period concerning his violation of
Maintenance of Way Operating Rules 1.6 and 1.13 and Engineering
Instruction No. 2.2.1, 2.4.4 and 2.4.5 and Track Safety Standards
Part 213, 213.233 and 213.109.
2. As a consequence of the Carrier's violation referred to above Mr.
Moore shall be reinstated with seniority, vacation, all rights
unimpaired and pay for all wages lost commencing January 21,
2003.
3. That any mention of the charges relating to this incident shall be
removed from Mr. Moore's personal record.
FINDING
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. Further, the Board is duty constituted by Agreement, has jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute were given due notice of
the hearing thereon.
Claimant was working as a Track Supervisor as of the claim date. Pursuant to the
Agreement in effect as of the claim date, Claimant had worked as a Track Supervisor for
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Case No. 234
about five years in an "on again,
off again" capacity which was proper under the
Agreement
The Agreement does provide that Carrier retained the right to disqualify a Track
Supervisor in the manner done here as he had not worked continuously for one year as a
Track Supervisor as he was only on the current job four months.
After receiving the disqualification letter, he did request a hearing that was held
March 27, 2003 (the delay was because of medical leave of absence from January 20,
2003, to March 11, 2003).
Claimant was entirely and completely candid. He readily admitted he signed off on
an FRA report listing the Amboy Storage Track as being in service when it was not
As was his contract right, Claimant requested a Hearing, following which the
Carrier wrote Claimant in part, as follows:
"...due to your honesty and admittance, you are hereby issued a Formal
Reprimand ...."
The Board then concludes that the disqualification was lifted and in lieu, the
Formal Reprimand. The Board supports this modification.
The Board finds one minor disturbing matter in this incident ft developed that the
Track Supervisor who co-signed the FRA report, who did certify the out of service track
was OK, received no discipline. It is known in grievance matters that two individuals
jointly involved in a single mishap, can receive different assessments of discipline, but
not knowing the full circumstances, this Board only comments thereon. Claimants
record, on the other hand, contains three entries of discipline and one entry for quality
performance.
If the Carrier's handling of Claimant's incident Is
to lift
the disqualification and in
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Case No. 234
lieu issue a Formal Reprimand, this is fully supported by this Board. If it is anything
other than a Formal Reprimand, then the Board only supports the Reprimand.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Carrier is ordered to make the
award effective on or before 30 days follawing the date the award is adopted.
Robert L. Hicks, Chairman 3 Neutral Member
` ~W
Rick B.
WOW,
Labor Member ~ttoasac M~Roh#WCarrier Member
~.~T,\1ie.-. 1
Dated: as
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