· PUBLIC LAW BOARD NO 5850
(Brotherhood of Maintenance.of Way Employes .
p~R
TIES TO DISPUTE: - ._
(The Burlington Northern Santa Fe Railroad
STATEMENT OF CLAI
M
1. That the Carrier's decision to remove Southern Region, Trackman R. Castillo,
Jr. from service was unjust.
2. That the Carrier now reinstates Claimant Castillo, Jr, with seniority, vacation,
all benefit rights unimpaired and pay for all wage loss as a result of
Investigation held 9:40 A.M. June 2, 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 the 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, arid the Parties
to this dispute were given due notice of the hearing thereon.
Claimant, for the second time within ten years, violated Rule 1.5. Employees who do so are
dismissed. There is no second chance.
Following his first encounter with Rule 1.5, the employee is given a chance in the hopes
he/she will straighten out their act and once again become a good worker.
Claimant was guilty of imbibing in a prohibitive drug for the second time. There is no second
chance, and since substantial evidence was adduced on the property, Carrier's decision to dismiss
was entirely proper and in accordance with the Rules.
,rea ,u0-S9s
Award No. B~1
Case No. 82
'Page 2
AWARD
Claim denied.
This Board, after consideration of the dispute Identified above, hereby orders that an award
favorable to the Claimant(s) not be made.
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1
Robert L. Hicks, Chairman & Neutral Member
rli,LaborMember
Thomas M. Roh ing, Carri ember
Dated' 1p/7/ y$