PUBLIC LAW BOARD NO. 6850
Award No. ~~
Case No. 284
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
i. The Carrier violated the Agreement on May 14, 2005 when Claimant E,
M. Mascots's employment record was closed for failure to respond to
recall pursuant to Rule 9 of the 1982 BWBMWE Agreement. Claimant
was also issued a Level S 30-day Record suspension for alleged
violation of Maintenance of Way Operating Rules 1.13-Reporting and
Complying with Instructions, and t.16..Duty-Reporting or Absence.
2. As a consequence of the oblation referred to in part (ij, the Carrier
shah Immediately return the Claimant to service with seniority,
vacation and all other rights restored, remove any mention of this
incident from his personal record, and make him whole for all time lost
beginning May b, 2006 forward.
FINDINGS
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 duly 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.
On May 23, 2005, the Carrier advised Claimant of an Investigation to determine his
responsibility for an alleged failure to respond to recall.
Claimant elected not to attend, thus the evidence Carrier presented was
unrefutad. The Carder assessed Claimant a 30-day record suspension and a 3-year
probationary period.
page z Award No. ;ZyCase No. 284
On August 3, 2005, the Carrier wrote Claimant setting yet another Investigation for
his failure to respond to recall for service.
Such letters as set forth above are mandatory lnahvctJona to an employee
advising
of his recall to service, and should he not respond within the time period his
seniority will be lanninated.
Cbknant did not respond thereby toiisidng ail
of his seniority end employment
rights; thus, the challenge of a 30-day record suspension and the 3-year probation
period is moot Claimant is no longer an employee of the Gamier.
A~
Claim denied.
ORDER
This Board, after consideration
of the dispute identified above, hereby orders that
an award favorable to the Ciaimant(s) not be made.
Robert L. Hicks, Chairman & Neutral Member
a~nl
L"
~114-2j
Rick B_ WOW% Labor Member Samantha Rogers, Carrier
Dated:
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