PUBLIC LAW BOARD NO 5850
Award No.
Case No. 85
(Brotherhood of Maintenance of Way Employes
PARTIES TQ=
PUT
(The Burlington Northern Santa Fe Railroad
SSTA_TEMENT OF CLAIM
:
1. The Carrier issued a thirty (30j day suspension of Mr R. Reyes from service
for alleged improper and unauthorized use of Company communications and
alleged violation of Carrier Rules
1.6, 1.9, 1.13, 1.19, 2.1, 2.2, 2.4, 2.5, 2.9,
2.10, 2.11 and 2.17 of the Carrier Maintenance of Way Operating Rules and
Safety Rules
S-1.4.2, S-28.6, S-28.6.1, S-28.9,
S-28.13 and
S-28.18
of the
Carrier Safety Rules violated Rule 13 and Appendix No. 11
of
the current
Agreement
2.
As a consequence of the Carrier's violation referred to above, Claimant's
seniority shall be restored, he shall be paid for all wages lost and discipline
shall be removed front his record.
NGS
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 duiy
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.
There is no controversy in this dispute. Claimant readily admitted he violated the Rules when
on a day he was off, he used the company radio for his own benefit by shouting emergency when
there was none, and for unauthorized use of the company radio.
With no controversy, the only thing left for this Board is to determine if the 30 day
assessment of discipline was appropriate. It was.
AWARQ
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an award
Page 2 Award No.
S7
Case No. 85
favorable to the Claimant(s) not be made.
Robert L. Hicks, Chairman & Neutral Member
i r
Rick 8. ehr!i, Labor Member 'f omas NI. Rohling, Carrier Vier er
Dated: