PUBLIC LAW BOARD NO. 5850

Award No.

Case No. 333

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Burlington Northam Santa Fe Railroad (Former (ATSF Railway Company) STATEMENT OF CLAIM:

1. The Carrier violated the Agreement commencing April 17, x008 when

Claimant, N. D. McWhite (1889383) was dismissed pursuant to

Appendix 11, Letter of Understanding dated July 3, 1976 for allegedly

being absent without authority for more than 5 days and continuing

violating Maintenance of Way Operating Rule 1.15 - Duty-Reporting

or Absence, and:

2. As a consequence of the violation referred to in part 1 the Carrier

should reinstate the Claimant with all seniority, vacation, rights
unimpaired and pay for all wage loss commencing April 17, 2008, and
remove any mention of discipline from their records.
FINDINGS
Upon the whole record and ail 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.
Claimant was absent without authority commencing January 23, 20011, through
April 17, 2008. The Rule allegedly violated by Claimant was Rule 1.15, which reads:

"Duty - Reporting or Absence

Employees must report for duty at the designated time and place with the necessary equipment to perform their duties. They must spend their time on duty working only for the railroad. Employees must not leave their assignment. exchange duties, or allow others to fill their assignment without proper authority. Continued failure by emolovees to protect their

PL Z Pa . SSA

Page 2 Award No.

Case No. 333

ernoloyment will be cause for dismissal. (Emphasis added)."

An Investigation was scheduled but Claimant can choose in most instances to elect not to appear at the investigation. In cases whore the Claimant did not show up for the Investigation, the evidence presented at the Investigation was not challenged, Claimant elected not to attend.
The Carrier, pursuant to Rule 1.15, dismissed Claimant from the service of the Carrier.

Claim dented.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) not be made,

Robert L Hicks, Chairman & Neutral Member

David D. Tanner, For the Employees Samantha R

ogers, Fo Carrier

Dated: ~/ l)eflD~