PUBLIC LAW BOARD NO. 6516
Don A. Hampton, Chairman & Neutral Member
Brotherhood of Railroad Signalmen
Burlington Northern & Santa Fe Railway
STATEMENT OF CLAIM (verbatim)
"Carrier violated the Signalmen's Agreement particularly
Rule 54, when it wrongfully and inappropriately dismissed
Mr. Riemath from service on October 10, 2003. Mr.
Rjemath was denied the right to a fair and impartial
investigation on September 16, 2003 and as a result was
fired although the Carrier failed to provide burden of proof
to warrant his dismissal.
Carrier should now be required to reinstate Mr. Riemath
immediately and compensate him for all lost wages,
including skill pay with all rights and benefits unimpaired
and clear his personal record of this incident."
FINDINGS
Public Law Board No. 6516
Case # 18 Award # 18
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In a letter dated September 10, 2003 the Claimant was
inetnlrtad to afta"r4 an
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Tuesday September 16, 2003 for the purpose of
ascertaining the facts and determining your responsibility,
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authority on September 8, 2003 for falsification of the
Clerget Farms Road, Sumner, WA. Crossing on or before
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entemher 32 2.003
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Clerget Farms Road, Zhender Street, Main Street, and
Maple Street in Sumner, Washington as per Signal Test
InstnictinnC_ while. vnn
were
accio-nPrl as C;anal llifa;n+o;nAr
on the Auburn South Territory."
Subseauent to the
investigation
the
Claimant cavac not;furl
by letter dated October 10, 2003 that he was dismissed
from the service of the Carrier Service for falsification of
forms and failure to inspect crossinp-q.
A review of the record regarding this claim most certainly
supports disciplining the Claimant for these seriou.q
violations. We are persuaded however that the Claimant
should be afforded another opportunity to become a valued
employee of the Carrier.
We are therefore reinstating the Claimant to the Carrier's
Service. The reinstatement will be without pay and the
Public Law Board No. 6516
Case # 18 Award # 18
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Claimant will be restricted to a position where he will be
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AWARD
Claim sustained in accordance with the findings.
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The Claimant will be returned to a position, as restricted,
and urithn»t naXr ac enarifrarl in tha fnrli_rYO
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(30) days.
Don A. Hampton, Chairman & Neutral Member
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Charlie A. McGra4 Ronald O. Naylor
Q
Organization Member
Cnrrinr MPmhf-r
DATED:-
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