PUBLIC LAW BOARD NO. 5850
Award No.
Case No. 364
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when Claimant A. Vigil (1235720)
was dismissed from service for violation of Rules 1.6 - Conduct, 1.7 -
Altercations and HR-80.4 - Violence in the Workplace. Mr. Vigil was
charged with striking another employee on the buttocks, while on
duty and acting as the employee's supervisor on the gang on July
15, 2009. The Claimant should be paid for all wages lost and made
whole commencing July 17, 2008 and continuing forward until
returned to work. The discipline was excessive.
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.
Item 1 of the Statement of Claim is a very brief synopsis that sets the tone of the
Investigation. However, as stated in Award 261, Claimant was the principle in four
Investigations held back to back on July 25, 2008. In Case 362, he was dismissed from
the service of the Carrier. The entire issue in this case is now moot.
AWARD
Claim denied.
PLB NO. 5850
Page 2
Award No.
Case No. 364
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Ciaimant(s) not be made.
Robert L. Hicks, Chairman & NeutrAl Member
Gienn'W. Caughron, For the !Ca;' r
David D. Tanner, For the Employees
Dated:
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