PUBLIC LAW BOARD NO. 5850
Award No.
39
Case No. 380
(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 R. Hosteen
(6595423) was issued a non-serious 30-day record suspension by
letter dated November 2, 2009 for failure to report to duty on
September 7 and 8, 2009.
2. As a consequence of the violation referred to in part 1 the Carrier
shall immediately correct the Claimant's discipline records and make
the Claimant 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.
Claimant, who started with the Carrier July 26, 1979, did not protect his
assignment on September 7 and 8, 2009. The Carrier called for an Investigation to
determine what occurred.
Claimant, in his 30 plus years of service, should know that to mark off his
assignment, he is required to call to have permission to be off so that the Carrier can
cover the vacancy or rework the schedule.
Due to problems his son was experiencing at school, Claimant's presence at the
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PLB NO. 5850
Page 2 Award No.
366
Case No. 380
son's school was requested on September 7 and 8. Claimant was informed of this at
least four days before.
Claimant contended he attempted to call each of his Supervisors but got no
response. It would be improbable but not impossible that all three of his Supervisors
were away from their homes. Claimant, after getting no response, could have called in
shortly before the gang's starting time on Tuesday the 7`" of September.
When asked what phone numbers he had used in his attempts to reach his
Supervisors, Claimant's response was vague. He claimed that the numbers had
somehow been deleted from his phone.
The Carrier's position is firm and fully supports the charges assessed.
AWARD
Claim denied.
ORDER
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
7
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David D. Tanner, For the Employees Samantha Rogers, For C.t_1Carrier
Dated:
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