(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when on May 22, 1998, the Carrier
dismissed Mr. RL. Summers for allegedly violation of Rule 1.6, Conduct,
of the Maintenance
of
Way Operating Rules, effective August 1, 1996, in
connection with his alleged improper time reporting on March 26, March
31, April 2, and April 17, 1998.
2. As a consequence of the Carrier's violation referred to above, Claimant
shall be reinstated to his former position with seniority restored, he shall
be paid for all wages lost and discipline shall be removed from his
record.
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.
On April 23, 199$, the Carrier advised Claimant that an Investigation was being
convened:
"...forthe purpose of ascertalnlng the facts and determining your responsibility,
if any, in connection with your alleged failure for improper time reporting on
March 26, 1998, March 31, 1998, April 2, 1998 and April 17, 1998 while assigned
as Foreman, Center 10062, Red Rock Subdivision in violation
of
Rule 1.6
of
the
Maintenance of Way Operating Rules, effective August 1, 1996 ...."
Claimant was also advised that he was being withheld from service pending results of the
Investigation.
Following the investigation, Claimant eras advised by the Carrier that:
°1...as a result
of
formal investigation...you are dismissed from service effective
immediately ...."
Page 3
award favorable to the Claimant(a) not be made,
Robert L. Hicks, Chairman & Neutr~er
n
Rick,
Labor Member
p
( 3 .uo .5~3.sa -
Award No. U,
Case No. 96
Thomas M. Rohling, C ' r Member