(Brotherhood ot'1`laintenance ot'Way Employes
PARTIES TO DISPUFE:
(The Burlington Northern Santa Fe Railroad
STATEMENT OF CLAIM:
Carrier's decision to dismiss Southern Region Maintenance of Way employee S. C.
Organ. effective December 22. 1995 was unjust.
Accordingly. Carrier should now be required to reinstate the claini:uit to service with
his seniority rights unimpaired and compensate him for all wages lost from December
22.1995. (02-20-ABi130-I3A1-9536)
FINDINGS
Upon the whole record mid all the evidence. the Board fords that the parties herein are carrier
and employee within the meaning of the Railway Labor Act, as amended. Further. the Board is duly
coiutihted by Agreenient. liasjjunsdiction orthe Parties and or the subject matter. and the Parties to this
dispute were given due notice of the hearing thereon.
Claimant was absent without authority on five consecutive work days.
Appendix I I of the current Agreement reads as follows:
"LETTER OF UNDERSTANDING DATED JULY 13 1976
In connection with the application of (Rule 13) of the current Agreement. this will
confirm our understanding reached in conference today that. effective October 1. 1976.
to temiiinite die emploNinent ofllli employee who is absent from duty without authority.
the Company sliall address, by Registered or Certified Mail. return receipt requested,
with copy to the General Chainnan. notifying him that his seniority and employment
have been terminated due to leis being absent without proper authority and that lie may.
within 20 days of thedate of such notice. if lie so desires. request that he be given an
investigation under (Rule 13) the current Agreement.
NOTE: Effective Januan 1. 1984. the above understanding is to be applied only
ui
cases where the ctnployee is absent from duty without authority more
to/ g ND
I
5
Award No.
Case No. 8
Page 2
than five (5) consecutive work days."
Claimant timely e.xercised his right to an Investigation. and during that Investigation. Claimant
admitted he did not have authority to be absent. Under the circumstances of the admitted violation. and
coupled with the duly negotiated Appendi-x. thus Board will not disturb the termination.
AWARD
Claim denied.
Thus Board. alter consideration oh the dispute identified above. hereby orders that an award
favorable to the Clainiant(s) not be made.
Robert L. Hicks
Chairman and Neutral Member
C. F. Foose
Labor Member
Greg drilti~f
Carrier hleniber
Dated