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









FINDIN G,
 Upon tire whole record and all the evince, 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 duly constituted by Agreement, has jurisdiction of the Parties and of tire subject matter. and the Parties to this dispute were given due notice of the hearing thereon.
 Claimant was arrested for driving under the influence, failing to obey traffic regulation: and being involved in a costly accident.


Page 2 PLB NO. 5850 Award No.

    possible violation of Rules 1.5 and 1.6 of the Maintenance of Way Operating Rules, effective October 31, 2004, and Rule 12.1.1 and 12.7 of the Maintenance of Way Safety Rules, in effect October 30, 2005, as supplemented or amended, concerning your allegedly operates company vehicle under the Influence of alcohol, alleged carelessness of the safety of yourself and others by falling to obey traffic regulations concerning driving under the influence of alcohol, alleged failure to be alert and attentive while drfvlng company vehicle resulting in accident and excessive damage to company property at approximately 5:00 PM on August 25, 2007, while working as driver on the grapple truck."

Claimant at the outset submitted a wren confession stating In part, "1 except full responsibility for my actions."

This Is a plea of guK pum and simple. Then was no need to pursue this matter further simply to prove his confession was true.

A look at Claimant's record reveals he was hired on May 4, 1993. This Is his first experience in a discipline hearing In nine years of service. This is a serious violation and the resulting damage to the overturned truck was costly, but In first time Rule 1.5 violations, most individuals are instructed to contact the EAP and follow their directive promptly and to the letter. Claimant i: to be given that chance. He must, within 30 days of being notified of this Award, follow through. If successful, he is to be returned to service with all his seniority rights unmstrlctad but without pay for any tine lost

    Should Claimant not avail this last chance, the dismissal will stand.

    AWARD

    Claim sustained In accordance with the Findings.

    ORDER

This Board, after consideration of the dispute Identified above, hereby orders that an award favorable to the Claimant(:) be made. The Carrier Is ordered to make the award effective on or before 30 days following the daft the award Is adopted.

Page 3

 PLB NO. 5850

 &44 j1iAi&
 Robert L. Nicks, Chairman & Naraal Member
ftd D. Tanner, For the Employees
Dated: 3k)-71C9

 Award No.
 Case No. 337
Samantha Rogers, For tf~Csrrler
                  PUBUC LAW BOARD NO. 51;50


                                            Award No.

                                            Case No. 335


(Brotherhood of Maintenance of Way Employes tARTIES TO O·SPIITE: (The Burlington Northern Santa Fe Railroad (Former (ATSF Railway Company) STATEMENT OF CLAIM:

    1. The Carrier violated the Agreement on June 9,1006 when Claimant T.

        Mailboy was dismissed for alleged violation of Maintenance of Way

        Operating Rules 1.8-Drug and Alcohol, and 1.6-Conduct, and

        Engineering instrvetion 15.15-Motor Vehicle Operating for operation

        of company vehicle under a suspended driver's license and while

        under the influence of alcohol; and


    _. As a consequence of the vlolddon referred to In part 1 the Gamier

shall Immediately return the Claimant to service with seniority,
 vacation and all other rites unimpaired, remove any mention of this
 incident from Claimant's personal record, and make Claimant whole
 for a6 time lost commencing April 25, 2006, the date claimant was
 initloily withheld from service pending investigation.
 FINQINt3S
 Upon the whole record and all the evidence, the Board finds that the parties
 herein are Carrier arc! Employee within the meaning of tire 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 April 25, 2006, the Carrier wrote Claimant to advise an Investigation was being
 established:
    ..... to determine all facts and place responsibility K any, In your misused of

    company vehicle resulting In your arrest on April 24, 3006. You are being

    withheld from service pending this investigation.

Pago Z PLB NO. 5850 Award No.
                                            Case No. 335


      You are in possible violation of rules 1.5 Drug and Alcohol, 1.6 Conduct of the Maintenance of Way Operating Rules and rule 15.15 Motor Vehicle Operation of the Engineering Instructions.


      You may arrange for representation in line with the provisions of agreement or schedule governing your working conditions; and you may likewise arrange for the attendance of any witness you desire, at your own expense."

Item 1 of the Statement of Claim lays out he was being charged, "...for operation of a company vehicle under a suspended driver's license and while under the influence of alcohol." There exists no controversy concerning the charges. The Carrier furnished sufficient evidence that stands unrefined as Claimant, for whatever reason, did not attend the Investigation and has done so at his own peril.

Claimant, through his Representative, requested a last-minute postponement which was denied by the Carrier. The reason given for the request was for personal business. A reason given such as personal business, is so generic that the real reason could be anything. A last minute request to postpone the Investigation simply because of personal masons was rightfully rejected by the Carrier,


                        AWARD


    Claim denied.


                        ORDER


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


              Robert L. Hicks, Chairman & Neutral Member


David D. Tanner, For the Employees Samantha Rogers, Fort a Carrier
 Dated: .