PUBLIC LAW BOARD NO. 585®
Award No.
a9 9
Case No. 299
(Brotherhood of Maintenance
of Way Employee
PARTIES TO Dil#PUTE
:
(The Burlington Northern Santa Fe Railroad
(Former
(ATSF Ra y Company)
~,jEEMENT of
c
M:
1. The Carrier violated the Agreement an October 28, 2005 when
Claimant, 8. W. Evans, vas dism for a violation of Mainb®nance of
Way Operating Rules 1.8 Conduct and 1.8.2 - Notification of Felony
Conviction when he failed to
nott1y his Immediate
supervisor of a
felony conviction while assigned as a welder headquartered In
t
Cleburne, TX; and
2. As a consequence of the violation referred to in part 1 the Carrier Mall
Immediately return the Claimant to service with seniority, vacation and
all other rights unimpaired, remove any mention of this incident from
Claimant's personal record, and make Clement whole for all tine IoM
commencing October 28, 2405.
Upon the whole record and all the evidence, the Board finds that the parties
heroin are Carrier and Employee within tire 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 mater, and the Parties to this dispute were given due notice of
the hearing th*r*cm.
Claimant, a Welder who hired out April 28, 2008, was advised by the Carrier on
September 28, 2005, teat an Investigation was being convened:
"...to develop all the facts and
place responsibility, if any, In connection
with your alleged plea of guilty to the charge of 'Impersonating a Public
Servant', a Third Degree Felony. The data of the plea of guilty was August
12, 2065 In the 415th District Court of Parker County, Texas. At the tine of
the alleged violation (gulft plea) you wane assigned as Welder at Clebume,
Texas."
Page 2 Award No.
~~Ig
Cams No. 299
The Rules Carrier believes re violated were 1.6 and 1.6.2.
Rule
1.6.2 is the main
Rule and it reads-
"No adore of Felony Conviction
The conduct of any employee leading to conviction of any felony is
prohibited. Any employee convicted of a felony must notify the proper
authority of that tact within 48 hours after the employee receives notice of
Ctalmant was cited for Impersonating a public servant, which Is a class three
felony.
In Texas, there exists a law labeled "Adjudication". Through the efforts of
Ctatnant's attorney, he pied guilty to tire otnae of impaneonating a public servant, a
third degree felony. He was assessed four years of community supervision, fined
$880.00 plus $238.00 for court , plus a number of other conditions were imposed.
One of the conditions restricts hen to Parker County and the Immediate adjoining Texas
counts unless he secures n permission from the Court or from the Parker County
Community Supervisor. This my have limited his ability to work away from Parker
County. He also is to pay Me Community 6 isor $50.00 a month during the period of
community supervision. He must also complete 160 hours of community service.
The Court did state that the evidence substantiated his guilty plea; thus, me of the
ha y mark of four years of supervision he is guilty of impersonating a public servant,
a third degree felony.
Under the circumstances here concerned, Carrises right
m
dismiss Ctaknant from
Its services is Justified. attack's Low Dictionary defines deferred adjudication as a
judgment placing a convic defendant on probation,
the successful
completion of
which
YVill
prevent tire underlying judgment of conviction.
:PLE
Mo. 5S5b
Pas. 8 Award No.
a~
Ca
it sway vary ll be that at the and of tht four year probation period the "convicted
defendant" label will be erased from his record with no ono
but the
Ciahnant aware of
this history, but
for n he
has pied guilty to a third dogma felony.
Clakn den
This Board, after consideration of the
dispute identified above, hereby orders that
an award favorable to the Clalmant(s) not be made.
Robert L. Hick*, C Neutral l Mornber
bavid D. Tanner, Labor Member Sarnantha
Rogers, Ca r
Dated: lel~lf /JCL?7