PUBLIC LAW BOARD NO. 7566

BROTHERHOOD OF MAINTENANCE ) OF WAY EMPLOYES DIVISION )

IBT RAIL CONFERENCE ) Case No. 89

) Award No. 89

and )

)

CANADIAN NATIONAL/WISCONSIN )

ENTRAL LTD. ) Claimants: A. Wolden, C. Sheasby, D. Wardas

STATEMENT OF CLAIM: “Claim of the System Committee of the Brotherhood that:

1. The discipline [one (1) working day unpaid suspension and five (5) working days unpaid deferred suspension for one (1) year] of Messrs. A. Wolden, C. Sheasby and D. Wardas for alleged violation of USOR Rule 0523 - Inspecting Passing Trains connection with their alleged failure to do a roll by inspection of two (2) passing train and failure to notify train crews at approximately 1300 hours at/or near Ike, Minnesota on August 6, 2014 is disparate, unwarranted and in violation of the Agreement (Carrier’s File WC-BMWED-2014-00029 WCR).

   
   

2. As a consequence of the violation referred to in Part 1 above, Claimants

   1. Wolden, C. Sheasby and D. Wardas’ personal records shall be cleared of the charges immediately and they shall be made whole in accordance with Rule 31 of the Collective Bargaining Agreement.”

Findings:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier or employee within the meaning of the Railway Labor Act as approved June 21, 1934.

Public Law Board 7566 has jurisdiction over the parties and the dispute involved herein. Parties to said dispute were given due notice of hearing thereon.

The Carrier and Organization resolved the matter at the hearing.

PLB No. 7566

Case No. 89

Award No. 89

Award:

The claim is dismissed.

Brian Clauss, Chairman

Cathy Cortez, Carrier Member Ryan Hidalgo, Organization Member

Signed on July 24, 2018

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