Award No.
Case No. 40
(Brotherhood ofMaintenance
of
Way Employes
PARTIES TO ulyfTF:
(The Burlington Northern Santa Fe Railroad
,STATEMENT Q .LALM.
Carrier's decision to dismiss Central Region Maintenance of Way employee H. Frank,
effective October 21, 1996 was unjust.
Accordingly, Carrier should now be required to reinstate the claimant to service with
his seniority rights unimpaired and compensate
lum
for all wages lost from October
21, 1996. (012-18-AB/170-13A1-9610)
FINDI\TGs
Upon the whole record and all the evidence, the Board finds that the panics 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.
On September 10, 1996, Claimant received a letter from the Carrier advising that pursuant
to the provisions of an understanding dated July 13, 1976, his seniority and employment were being
terminated for being off without authority in excess of five consecutive work days.
Claimant was also advised that if he disputed Carrier's records, he could request an
investigation within 20 days from the date of the notice. Claimant timely requested an Investigation
which was held on October 21, 1996, following which, the Carrier reaffirmed its termination of
Claimant's seniority and employment rights. -
During the investigation, Claimant did establish that on September 3, 1996, while on, the way
to work (he was working 400 miles from his home) his car broke down. He hitch-hiked back home
and arranged for his car to be towed.
f.
Pug .,uv
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Page 2 Award No.
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Case No. 40
Claimant contends he made several unsuccessful attempts to contact his Supervisor, and
although voice mail on his Supervisor's line was available, he opted not to leave a message wanting
only to speak to his Foreman.
Communication is the bain of existence. How Claimant thought his Supervisor would know
of his plight without being told is a mystery to this Board, and this reluctance has cost Claimant some
eight months in wages. To iris favor, however, is the fact that he was on his way to work when his
car failed and he did make some effort to advise his Foreman of his situation,
Under the circurnstances, this Board will reinstate all of Claimant's seniority rights, but there
will be no compensation t"or time lost. Claimant is to understand that this is his last chance for
continued employment with the Carrier. In a relatively short time, Claimant has gained an unenviable
disciplinary record and one more offense could very well end his career with this Carrier.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an award
favorable to the Claimant(s) be made. The Carrier is ordered to make the award effective on or
before 30 days following the date the award is adopted.
Robert L. Hicks, Chairman R Neutral Member
,
C. F. Foose, Labor lkIcmber fire/ `n'iffin, arrier ember
Dated