PUBLIC LAW BOARD NO. 5850
(Brotherhood of Uairtknance of Way Eanployes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. That the Carrier's decision to remove Harry Manygoats from service
was unjust
2. That the Carrier now reinstate Claimant Harry Manygoats with
seniority. vacation, all benefit rights unknpalred and pay for all wage
loss as a result of Investigation hell 10:00 a.m. December 9, 2003
continuing forward and/or otherwise nude whole, because the
Carrier did not introduce substantial, credible evidence that proved
that the Claimant violated the rules enumerated in their decision,
and even (f Claimant violated the rules enumerated At the decision,
removal from service is extreme and harsh discipline under the
circumstances.
3. That the Carrier violated the Agreement particularly but not limited
to Rule 13 and Appendix 11 because the Carrier did not Introduce
substantial, credible evidence that proved the Claknant violated the
rules anumerated In their decision.
FINOI
Upon the whole record and ad 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 duly constituted by Agreement, has jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute wers given due notice of
the hearing thereon.
The Carrier has an Agreement with the Employees that provides for a termination
of services when an Individual is absent without authority in excess of five working days.
Page 2 Award No.
Case No. 244
Claimant was scheduled to work commencing October 13, 2003, but did not show,
nor did he seek permission from anyone In authority.
A letter of understanding dated July 13, 1976, reads as follows:
"In connection with the application of (Rule 13) of the current Agreement,
this will confirm our understanding reached In conference today that,
effective October 1, 1976, to terminate the employment of an employee who
is absent from duty without authority, the Company shall address, by
Registered or Certified Mall, return receipt requested, with copy to the
General Chairman, notifying him that his seniority and employment have
been terminated due to his being absent without proper authority and that
he may, within 20 days of the date of such notice, if he desires, request that
he be given an investigation under (Rule 13) the current Agreement
NOTE: Effective January 1, 1984, the above understanding is to be
applied only in cases where the employee is absent from duty
without authority more than five (6) consecutive work days."
Claimant timely exercised his right to an Investigation. At the Investigation,
Claimant was not
able
to establish that Carrier was In error.
It is the opinion of this Board that Carrier's actions were proper pursuant to the
1976 letter of understanding as amended. The request for reinstatement and pay for ttrne
lost is denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute Identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
Robert L Nicks, Chairman d Neutral Member
1-7
Rick B. Wehrll, Labor Member William L. eck, ' r mbar
Dated: