PUBLIC LAW BOARD NO. 5850
Award No.
Case No. 359
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAW:
1. The Carrier violated the Agreement when Claimants R.W. Marquez
and R.S. Lunow were issued a Ten (10) Day Record Suspension and
review period of One (1) Year for violation of Maintenance of Way
Operating Rules 1.6 and 1.7. The Claimants were charged with a
verbal altercation on February 27, 2007, but had been coached and
counseled prior to the Investigation. The Carrier with the counseling
and issuing discipline is performing double jeopardy. The Claimants
should be paid any loss of pay commencing March 14, 2007 forward
and or otherwise made whole, and the discipline should be removed
from his record.
2. As a consequence of the violation referred to in part 1 the Carrier
shall immediately correct the Claimants discipline records and make
Claimants whole for all time lost.
FINDINGS
Upon the whole record and all 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.
The dispute is as set forth in Item 1 of the Statement of Claim. Item 1 also sets
forth the discipline assessed each Claimant.
Claimant Marquez fully admitted he violated the Rules when he used
inappropriate language on a conference call.
PLB NO. 5850
Page 2
Award No.
Case No. 358
When he burst forth with the language, he was immediately addressed by his
Supervisor to watch what he was saying. With Claimant's confession, there is no further
need to discuss Claimant Marquez's participation.
Regarding Claimant Lunow, it is not so obvious that he indulged in inappropriate
language. He did deny using any such language, but when he and Marquez started in, in
ripe Roadmaster's office, the If"Loadmaster stated both i resorted to inappropriate
language.
To this Board, an altercation has to have at least two people involved. When
Claimant Lunow went into the Roadmaster's office to object to something being said,
the altercation began, according to Claimant Marquez.
The Board understands that fatigue can cause someone to go off, but it is at this
time each must be ever so careful of the language used.
In this incident, neither Claimant has been assessed a serious amount of
discipline as no time was lost other than the day of the Investigation.
AWARD
Claim denied.
GIRDER
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, Far the Employees
Dated: / 0/1
~, I
C<enn W. Caughron, For the der