PUBLIC LAW BOARD NO. 7660
Brotherhood of Maintenance
of Way Employes Division - IBT
Case No: 122
and Award No: 122
Union Pacific Railroad Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
The Carrier’s discipline (dismissal) imposed on Mr. J. Brunner, by letter dated August 8, 2017, in connection with allegations that he left work without proper authority on June 30, 2017 was arbitrary, unsupported, unwarranted and in violation of the Agreement (System File A-1748U-008/1692365 UPS).
As a consequence of the violations referred to in Part 1 above, Claimant J. Brunner shall be returned to service, the matter removed from his record, be provided all rights and benefits unimpaired, made whole by compensating him for all wages (straight time and overtime) and benefit loss including expenses incurred and Railroad Retirement months of service credits and all other loss.
FINDINGS:
Upon the whole record, after hearing, this Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter. Parties to said dispute were given due notice of hearing thereon.
Jeremy Brunner (Claimant) entered the service of the Carrier on May 23, 2005. Claimant was assigned to Gang 4689 as a Thermite Welder on the day in question. The Carrier alleged that Claimant voluntarily left Carrier property, without proper authority, on June 30, 2017, at 2:30 p.m., which was a full hour earlier than his scheduled quitting time. In response, the Carrier issued a letter to Claimant dated July 14, 2017, advising that he was dismissed from service pursuant to Rule 48(l) of the agreement between The
PLB No. 7660
Award No. 122
Brotherhood of Railroad Maintenance of Way Employees and The Union Pacific Railroad Company (Agreement) which states:
Employees need not be granted a hearing prior to dismissal in instances where they refuse to work, voluntarily leave the work site without proper authority or involuntarily leave their job as a result of apprehension by civil authorities, willfully engage in violence or deliberately destroy company property. (Emphasis in original).
Under the Agreement, Claimant was permitted to request an investigation hearing relative to his dismissal. A formal investigation was held on July 31, 2017. By letter dated August 8, 2017, the Carrier informed Claimant that he was found guilty and assessed an immediate dismissal.
The Claimant was also before this Board in Case No. 123. In that case, the Board sustained the claim and overturned the Claimant’s termination based upon the same facts set forth herein. For that reason, any decision in this case regarding the Claimant’s alleged misconduct is moot.
AWARD
For the above reasons, the case is dismissed.
Jeanne Charles Neutral Member
______________________________
______________________________
Chris Bogenreif David M. Pascarella
Carrier Member Labor Member
Dated: 12/02/2019 Dated: 12/09/2019
Carrier Member dissent to follow