(Brotherhood of Maintenance of Way Employes
T
IES To DISPUTE:
(The Burlington Northern Santa Fe Railroad
STATEMENT QF CLAIM:
1. That the Carrier's decision to remove Eastern, Trackman G. 8. Upton was
unjust.
2. That the Carrier now reinstate Claimant Upton with seniority, vacation, all
benefits rights unimpaired and pay for all wage loss as a result of
Investigation held 10:00 a.m. February 24, 1998 continuing forward and/or
otherwise made whole, because the Carrier did not introduce substantial,
credible evidence that proved that the Claimant violated the rules
enumerated in their decision, and even if Claimant violated the rules
enumerated in the decision, removal from service is extreme and harsh
discipline under the circumstances.
3. That the Carrier violated the Agreement particularly but not limited to Rule
13 and Appendix 11, because the Carrier did not introduce substantial,
credible evidence that proved the Claimant violated the rules enumerated in
their decision.
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 was absent without proper authority on January 28, 29, 30, 31, February 3 and 4,
1998.
Appendix No. 11 provides that an employee absent more than five consecutive work days
without authorization will have seniority and employment terminated. Claimant was so advised in
a letter dated February 5, 1998.
The Agreement does permit the employee an Investigation if he requests same, and the
purpose
of that Investigation is to permit Claimant the opportunity to explain why he was absent
pG.B 'VU -Sf3.~
Page 2 Award No. & ~?
Case No. 68
without authority.
At the Investigation, Claimant stated he was in jail on the dates listed in the termination
notice, however, being in jail is not a sufficient reason to gain the authority necessary to be off.
The Carrier, after the Investigation, reaffirmed its termination letter and properly so.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an award
favorable to the Claimant(s) not be made. i
a _
Robert L. Hicks, Chairman & Neutral Member
Rick g. ehrli, Labor Member homas M. Rohiing, Carriev tuber
Dated: