Award No. 3-vD
Coos No, 800
 
(Brother of Maintenance of Way Employes
PARTIES TO DISPUTE:
 
(The Burlington Northern Banta F® Railroad (Former
 
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement on February 9, 2008 when
Claimant, G. A. Ar"neaux, eras withhold from serdrWe and later
dlsmiaed art March 
22, 2006 for 
ai"'ed vlotaflon'of`MalhtrsniSnr;i~ 
-of"
Way Oparating Rut* 1,$ - Conduct and Engl:ca:ing 
instrul-lion 22.2 =
Showing Proper Conduct when claimant allegedly had inappropriate
contact with a maid 
on February 8, 2008; and
2. As a consequence of the violation referred to in part 1 tire 
Carrier shall
 
Immediately return tilt Claimant to service with seniority, vacation and
 
ail other rights unimpaired, 
remove any mention of this incident from
 
Claimant's personal record, and make Ciamant 
whole for a8 
tine lost
 
commencing February 9. 2008.
FINDI14GE
Upon the whole record and all the evidence, the Board finds that the parties
heroin 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 duo notice of
the hearing thereon.
Claimant was a Welder Foreman in charge of a mobile gang that travels
constantly,
On February 10, 2006, the Carrier advised Claimant an investigation was being
convened to ascertain his responsibility, If any, regarding alleged misconduct at a I
In Clifton where Carrier crews were staying. The incident was the alleged Inappropriate
p L8 ND ~~ 
s 
L'
Page 2 Award n. 
3
Case No. 300
touching of a maid employed 
thereat. The local 
police were called and Issued Claimant
two citations. Claimant boas also asked is leave the motel.
There Is no evidence of charges being filed, let alone an Indictment, nor was re
anything more revealing as to the nature of the two citations that were Issued.
The Investigation was postponed by mutual agreement, finally being held on
March 9, 2006. The reason for the postponements was to find out if any Indictments
were levied or warrants issued. 
There were none. In 
fact, Claimant stated there would
be no indictment and the 
charges, whatever they were, were likely to be dropped.
The only thing 
In front of this Board Is 
the maid's version of what occurred and
Claimant°a denial that anything happened. There was no evidence offered by anyone
else at the motel concerning Claimant's behavior that 
would In anyway point 
t0 
aberrant
behavior.
What is evident Is the fact that the motel felt justified 
in calling for bee police 
and
barring 
Claimant therefrom.
Claimant was charged with violating Rules 1.5 and 21.2. The 
charges will be
upheld, but for a leas serious charge than Improper touching.
A review 
of 
Claimants work record has six entries, five for disciplinary reasons
and one entry 
for qualified 
performance for working December 24 and 25 to assist In
cleaning up a. d®mlirerant rather than spending titer holidays 
with 
his family.
Clearly the issue at the motel was embarrassing 
to the Carrier. The dismissal
clearly would have been upheld but were ft not for the leer of qualified performance.
Under the circumstances, the dismissal will 
be reduced to along suspension
Claimant is to be returned to service whit all of his seniority rights but without any pay for
PCB No. SPSd
Page 3 Award No. 3 
0©
 
Case No. 300
Ume lost
Claim sustained in accordance 
with the 
Findi
This Board, after consideration of the dispute ide above, hereby orders that
an award favorable to the Clsimant(s) be made. The Carrier Is ordered to make the
award effective on or befono 30 days following the date the award fs adopbsd.
Robert L. Hicks, Chairman & Neutral r
L-
 
/r'GU'zfi l ~.£
David D. Tanner, Labor Member Samantha Rogers, Carrier r
Dated: