PUBLIC LAW BOARD NO. 651,x7`46
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. Bookout from service on March 15, 2004. Mr. Bookout
was denied the right to a fair and impartial investigation on
February 20, 2004 and 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. Bookout
immediately and compensate him for all lost wages,
including skill pay with all rights and benefits unimpaired
and his personal record cleared of this incident."
FINDINGS
Public Law Board No. 6516
Case # 22 Award # 22
Page 2
In a letter dated February 11, 2004 the Claimant was
instructed to attend an investigation at "...the office of Mr.
J.D. Jerenegan Signal Supervisor, 2200 South Union Ave.
Tulsa, OK, 74107 10:00 CT; February 20, 2004, with your
representative and witness(es), if desired, for a formal
investigation to ascertain the facts and determine your
responsibility, if any, in connection with (the) possible
violation if Signal Instructions TP-103, TP-104, TP-382,
and alleged falsification and completion of Signal Form
401, between September 2003 and December 2003, as
discovered during audit of your switch reports on February
11, 2004.
Subsequent to the investigation the Claimant was notified
by letter dated March 15, 2004 that as a result of the
investigation he was dismissed from employment with the
Carrier.
A review of the record regarding this claim most surely
discipline
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supports the Claimant dor such a serious
violation. We are however as in Award # 18 of this Board
persuaded that the Claimant should be offered an
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We are therefore reinstating the Claimant to the Carrier's
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Public Law Board No. 6516
Case # 22 Award # 22
Page 3
Claimant will be reinstated to a position where he will be
working under the supervision of a foreman.
AWARD
Claim sustained in accordance with the findings.
ORDER
The Claimant will be returned to a position, as restricted,
and without pay as specified in the findings within thirty
(30) days.
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Don A. Hampton, Chairman & Neutral Member
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Organization Member
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Carrier Member