NATIONAL MEDIATION BOLD

PUBLIC LAW BOARD NO. 6986

AWARD # 3 CASE # 3














.Claim of the System Committee of the Brotherhood that:

 1. The Carrier violated the Agreement on November 21, 2005, when Claimant Jackie D. Couey was dismissed for violation of Maintenance of Way Operating Rule 1.6 - Conduct.

 2. As a consequence of the Carrier's violation referred to in part (1 ) above, the Carrier shall return the Claimant to service, paid for all time lost, and that all references to this incident shall be removed from Claimant's personal record.
    Carrier file No. f 2-06-0032

    Organization File No. B-2875-2


                    FINDINGS


A review of the transcript of the Investigation held on November 11, 2005 notes that the Claimant was notified to attend the Investigation to determine the Claimant's responsibility, if any in connection with allegedly misusing several different BNSF vehicle fuel cards to put fuel in private vehicles and
 PLB No. 6986
 Award No. 3

 in some instances using Employee ID numbers of other BNSF employees while committing these violations.

 Board has reviewed the entire file in regards to this claim and it is

 evident that the Carrier has met their burden of proof. The Claimant prior to the Investigation had signed a confession indicating his guilt in this matter. While the Union vigorously argues that the Claimant's confession was coerced the file simply does not provide adequate support of the Union's contention.

 AWARD

 Claim denied in accordance with the findings.

A. oil~


Don A. Hampton, Chairman & Neutral Member

 R.C. Sandlin

 Organization Member

    )L4 x- I

Samantha Roes

Carrier Mem yer


2
 PLB No. 6986
                                              LABOR REL.ATIOM

Award No. 3

            MAY 2 12007

            LABOR MEMBERS DISSENT FT WORTH

            TO PUBLIC LAW BOARD No. 6986 AWARD #3, CASE # 3 '

            Referee Don A. Hampton


Considering the complete and total lack of evidence to sustain the carrier's dismissal of a long term employee, we must dissent to Neutral Member Don Hampton's decision in Award #3, Case # 3.

 It can be drawn from this decision that instead of even a shred of evidence, an anonymous tip and a coerced confession is all that is needed to end an employee's career. There was not any collaborating evidence presented in this case. After filing this appeal for reinstatement the carrier brought charges in the District Court, where it was dismissed as the carrier's evidence was judged hearsay and was not admissible. But it was enough to sway the Board?

      We dissent.


                                                Sincerely, r


                                  11


                                  R.C. Sandlin

                                  Labor Member


RCSIeb cc: J.D. Couey