STATEMENT OF CLAIM
The Organization objects to BNSF’s decision to issue Claimant a Standard Formal Reprimand and One (1) year review period for his failure to have authority on main track at/or near MP 2.3 on the Sheridan Branch Line, Denver, CO, on August 30, 2019, in violation of Maintenance of Way Operating Rule 8.3 – Main Track Switches and Maintenance of Way Operating Rule 6.3.1- Track Authorization.
FINDINGS AND OPINION
The Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties’ PLB Agreement and that the Board has jurisdiction over the dispute.
In reaching its decision, the Board has considered all the testimony, documentary evidence and arguments of the parties, whether specifically addressed herein or not. A careful review of the record convinces the Board that there is not substantial evidence in the record to uphold the Carrier’s determination. Mitigation factors exist due to Claimant J. Hillner’s status as a new employee with only 4.5 months tenure and the manner in which the instruction was communicated. The supervisor should have been more specific in his instruction than saying "opener up" via a text message. This raises some doubt as to whether Claimant was given a clear instruction. Accordingly, disciplinary action was unreasonable when circumstances dictate that coaching Claimant about the situation would appropriately address the problem.
AWARD
Claim sustained. This Board directs that the letter of reprimand be removed from Claimant’s permanent record.
______________________________ Jeanne Charles
Chairman and Neutral Member
PLB No. 7602
Award No. 101
Carrier Member Labor Member
Dated: Dated: November 17, 2021
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