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








should reinstate the Claimant with ail seniority, vacation, rights
 unimpaired and pay for all wage loss commencing February 12, 2008,
 and remove any mention of discipline from their records,
 FINDINGS
 Upon the whole record and all the evidence, the Board finds that the parties
 herein are Carrier and Employee within tile 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 due notice of
 the hearing thereon.
 On February 18, 20!18, the Carrier wrote to advise Claimant an Investigation was
 being convened:

P(-d ND, 5gsa
 Page 2 Award No.

    Certification of Violations form, and your alleged being absent without


    proper authority beginning February 11, 2008 thru February 14, 2008, while


    working as welder in Las Vegas, Now Mexico. The Company's first

    knowledge of the revoked drivers license and alleged falsification of


    BNSF's Motor Vehicle Driver's Certification of Violations was Februarys 12,

    2008."

On November 10, 2007, Claimant filled out a form for the Carrier who checks out once a year all those who drive a company vehicle asking about any traffic tickets received in the past year. When completing the form, Claimant wrote "none".

Claimant was a welder and in the discharge of his duties he drives a boom truck weighing about 30,000 pounds. 'ibis does require a COL.

While driving to Las Vegas, he was pulled over for running a red fight, and checking his driving record they discovered he had been convicted of a DWI and could only drive a vehicle that had a breathalyzer installed.

The Carrier truck had no breathalyzer and as such Claimant was driving Illegally and was jailed for three days. This is when the charge of being off without authorization comes in.

Claimant argued that he had a valid CDL license to drive the boom truck and the mandatory breathalyzer was only for his personal vehicle.

This argument defies logic. When the Carrier checked with the New Mexico Motor Vehicle Department, they found Claimant had pleaded no contest to the ,Dwl charge on October 24, x007.

The offense was serious. with no valid license to drive company vehicles, it places the Carrier in a position that an accident would cause or could cause the Carrier a heavy penalty for a charge of allowing an unauthorized individual to drive one of its vehicles.

Page 9 Award No.
                                        Case No. 334


Even though this Is the only violation on his record, the seriousness of Claimant's actions In falsifying his driving record does not prevent this Board from ignoring his record.
    The claim will be denied.


    Claim dented.


                      QRDER

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

            Robert L. Hicks, Chairman 8 Neutral Member


David D. Tanner, For the Employees Samantha Rogers, For th arrter

 Dated: /a/5~ps