PUBLIC LAW BOARD No. 5650
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEIENT OF CLAIM:
1. The Carrier violated the Agreement on April 14, 2004, when
dismissed the, Claimant, Air. T. J. Scott for allegedly defrauding the
Carrier by charging a motel room and food cost to a Carrier lodging
card while M was in a furlough :blue on March 13-16, 2004, in
violation o1 Maintenance of Way Operating Rubs 1.6, 1.25, and
Engineering Instruction Rules. 21.1.
2. As a consequence of the violation referred to M part (1), the Carrier
shall knnrediatsly rsbrrn the Claimant to service, remove any
mention of this Incident from his personal record, and make him
whole
for
any wage: lost account of this violation.
FWDIN"
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employee within the meaning of the RaBway Labor Act; as
amended. Further, the Board is duly conaddried by Aprsemank has jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute were given due notice of
the hearing thereon.
The Carrier wrote Claimant on March 18, 2004, advising him an
drvestipation was
being scheduled to determine his responsibility for the,
"...alleged unauthoritsd use of (the) BNSF corporate "Ing card on
March 13,14, 15 S 16, 2004-while
off
on force reduction ...."
Claimant recelpted for the certified notice, but did not show. Tire Investigation
was held In his absence.
P1.8 Po-98-To
Page 2
Award No.
Case No. 263
The choke to be at an Investigation to prrabM whatwr deilirme avatble is
Claimant* but when he ft not in attshdance, hit 11ipft6sntatlve could do nothing but to
insure the Investigation vrarhetd inordance %"*is Rulss and In a fat and Impartial
manner.
TM Board concludes that the g brought fbrth overwhelming evidence of
Cisimant's culpability for the charges ied.
After the krvesdpsdon was conckrded and Clalramt was dismissed, M came forth
with a plea of identity theft by his then "flance," but the Carrier thoroughly investigates!
CkrkrrM's story and found R to be just tAat, a story.
AWARD
Claim denied.
ORDER
This Board, anx consideration of the dlsputt Idendfled above, hereby orders that
an arwrd favorable to the CWkrrant(s) not be roads.
Robert L. Hicks, Chairman >k Neutral Member
Rick B. WehrG, Labor Member
Dart.
~a'~
William L lfeek, Carrier Nimber