PUBLIC
LAW BOARD NO. 5850
Award No. 3*71
Case No. 377
(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 Richard J.
Jacques (7835521) was dismissed by letter dated October 16, 2009,
for violation of BNSF Policies on Violence in the Workplace and
Workplace harassment that occurred on September 16, 2009.
2. The dismissal of Mr. Jacques, who has been a dedicated employee
with over thirty-one (31) years of service, is unjust, excessive,
arbitrary, capricious and without merit. The Organization
respectfully requests that Mr. Jacques be reinstated to the service of
the Carrier, with all seniorities intact, and that he be made whole for
any and all wage and compensation loss suffered.
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 Claimant in this case is the same employee listed in Case 376. The charges
levied against him are the same in substance in this case and Case 376.
The Board denied the claim in Case 376 which supported Carrier's charges,
"Violence in the Workplace and Workplace Harassment..." The only difference is the
subject of Claimant's wrath.
Since Carrier's determination to terminate Claimant in that case, the issue in this
Page 2
case is now moot.
Claim denied.
PLB NO. 5850
AWARD
ORDER
Award No. 3"'1
Case No. 377
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
Robert
L.
Hicks, Chairman & Neutral Member
David D. Tanner, For the Employees
Dated:
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Samantha Rogers, For the rrier
