PUBLIC
LAW BOARD NO. 5850
Award No.
3$ `1
Case No. 384
(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 D. R. Gobert
(6432710) was issued a Level S 30-day record suspension with three
years probation and disqualification of the position of machine
operator by letter dated March 9, 2010 for violation of MOWOR 6.50
Movement of On-track Equipment, MOWOR 6.51 Maintaining a Safe
Braking Distance, and Engineering Instruction Rule 1.1.8 Spacing of
On-Track Equipment for failure to control spike puller he was
operating resulting in a collision with an anchor remover machine on
February 1, 2010.
2. As a consequence of the violation referred to in
part
1 the Carrier
shall stricken the discipline from the Claimant's record and any
reference there of, and that he be shown qualified for the machine
and made whole for his lost wages commencing February 12, 2010.
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 spike puller, the Claimant was running, ran into the backside of the anchor
remover ahead of him. Claimant admitted he failed to abide by Rules 6.51 and Rule 1.1.8.
With an admittance of a Rule(s) violation by Claimant, the burden
of
proof fully supports
the charges.
z _
Page 2
PLB NO. 5850
Claim denied.
ORDER
Award No.
3$y
Case No. 384
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 8. Neutral Member
David D. Tanner, Far the Employees
Dated:
_~//
/f
Samantha Rogers, For the arrier
