Date of Decision

PLB 7254 Award 65 Neutral Peterson Interim Award Interim Award issued reinstating Claimant for alleged violation of GCOR Rules 1.4, 1.6, 14.1, 2.13 and 6.3 (alleged misrepresentation of the facts and operation of train on main track without authority, as well as conduct by failing to immediately report this incident to the proper authority while working as Conductor.View Award April 24, 2012
PLB 7254 Award 54 Neutral Peterson Denied Claim denied for Denver, CO Switchman dismissed for alleged violation of GCOR Rules 6.5 and 8.2 (alleged failure to ensure the route was properly lined for movement and failure to protect shoving movement resulting in side swipe of cars.View Award April 24, 2012
PLB 7254 Award 53 Neutral Peterson Denied Claim denied for Denver Brakeman dismissed for alleged violation of GCOR Rules 1.3.1, 1.3.3, 1.5 (alleged positive follow-up urine test).View Award April 24, 2012
PLB 7254 Award 52 Neutral Peterson Sustained in part Claim Sustained in part for Great Falls, MT Conductor dismissed for alleged violation of GCOR Rule 1.5 and BNSF Drug and Alcohol Policy.View Award April 24, 2012
PLB 7254 Award 51 Neutral Peterson Denied Claim denied for Minot, ND Conductor dismissed for alleged violation of Montana Division General Notice #133 (alleged falsification of a layoff and improper use of a Family Emergency Lay Off code).View Award April 24, 2012
PLB 7254 Award 50 Neutral Peterson Denied Claim denied for Minot, ND Conductor given 20-day record suspension for alleged violation of GCOR Rule 1.15 (alleged lay off on call).View Award April 24, 2012
PLB 7254 Award 49 Neutral Peterson Denied Claim denied for Minot, ND Conductor formal reprimand for alleged violation of alleged failure to perform service as a full-time employee, specifically, absence of seven (7) weekend days.View Award March 13, 2012
PLB 7254 Award 48 Neutral Peterson Dismissed Claim Dismissed View Award March 13, 2012
PLB 7254 Award 47 Neutral Peterson Denied Claim denied for Klamath Falls, OR Conductor dismissal for alleged violation of GCOR Rules 1.13 and 1.6 failure to comply with instructions from your supervisor. View Award March 13, 2012
PLB 7254 Award 46 Neutral Peterson Denied Claim denied for Cheyenne, WY Conductor dissmissed for alleged violation of GCOR Rule 1.10 and GCOR Rule 1.6 Part 1 (alleged carelessness for the safety of himself or others, and his use of an electronic device, cellular phone, while engaged in a safety related activity). View Award March 13, 2012
PLB 7254 Award 45 Neutral Peterson Denied Claim denied for Cheyenne, WY Switchman dismissed for alleged violation of GCOR Rules 1.6 and 1.3.3 (alleged misconduct by using CheckInn card without proper authority).View Award March 13, 2012
PLB 7254 Award 38 Neutral Peterson Denied Claim denied in case of Denver, CO Yardperson account Level S 30 day record suspension for violation of TY&E Safety Rule 13.1.5 (riding in or on moving equipment).View Award Jun. 11, 2011
PLB 7254 Award 39 Neutral Peterson Sustained in part Claim allowed in part for Aberdeen, SD Brakeman account dismissed for violation of GCOR Rules 1.13, 1.29, 1.3.3, 1.4 and 1.6 (failure to work efficiently to avoid delays; inappropriate conduct (negligence, indifference to duty and dishonest); improper claim for excessive compensation (overtime) not earned: failure to comply with instructions to build outbound train).View Award Jun. 11, 2011
PLB 7254 Award 40 Neutral Peterson Denied Claim denied for Spokane, WA Conductor account 20 day record suspension for violation of BNSF Attendance Guidelines.View Award Jun. 11, 2011
PLB 7254 Award 41 Neutral Peterson Sustained in part Claim allowed in part for Spokane, WA Conductor account dismissal for violation of BNSF Attendance Guidelines.View Award Jun. 11, 2011
PLB 7254 Award 42 Neutral Peterson Denied Claim denied for Spokane, WA Conductor account dismissal for failure to comply with instructions to report for duty at expiration of medical leave of absence (continued absence from duty and job abandonment).View Award Jun. 11, 2011
PLB 7254 Award 43 Neutral Peterson Denied Claim denied for Aberdeen, SD Brakeman account dismissed for violation of GCOR Rules 1.13, 1.29, 1.4 and 1.6 (failure to work efficiently to avoid delays; inappropriate conduct (negligence, indifference to duty and dishonest); improper claim for excessive compensation (overtime) not earned: failure to comply with instructions to build outbound train).View Award Jun. 11, 2011
PLB 7254 Award 44 Neutral Peterson Denied Claim denied for Aberdeen, SD Brakeman account dismissed for violation of GCOR Rule 1.5 (purchase and possession of alcoholic beverages while on duty).View Award Jun. 11, 2011
PLB 7254 Award 29 Neutral Peterson Denied Claim in behalf of Seattle, WA Conductor for pay for all time lost, account Level S thirty (30) record suspension and one (1) year probation for alleged violation of Canadian Rail Operating Rules 80 and 81 (alleged operating beyond OCS authority on the New Westminster Subdivision) View Award Sept. 22, 2010
PLB 7254 Award 30 Neutral Peterson Sustained Claim on behalf of Willmar, MN Conductor for pay for all time lost, including attending investigation, and complete record clearance of the entire incident, account Level S, thirty (30) day record suspension for alleged violation of ABTH Rules 100.15 (alleged failure to perform air test as required after setting out cars). View Award Sept. 22, 2010
PLB 7254 Award 31 Neutral Peterson Denied Claim on behalf of Spokane, WA Conductor for pay for time lost, including investigation, and complete record clearance account Level S thirty (30) day record suspension for alleged violation of Special System Instructions Rule 9.1.15 (allegedly failed to stop short of signal displaying stop indication) View Award Sept. 22, 2010
PLB 7254 Award 32 Neutral Peterson Denied Claim on behalf of Cheyenne WY Conductor for pay for all time lost, including attending investigation, and complete record clearance of the entire incident, account ten (10) day record suspension for alleged violation of ABTH Rules 100.15 (alleged failure to perform an application and release (Class III) air brake test on train. View Award Sept. 22, 2010
PLB 7254 Award 33 Neutral Peterson Sustained Claim on behalf of Trinidad, CO Conductor for complete record clearance and pay for any time lost due to investigation held November, 7, 2006, account ten (10) day record suspension for alleged violation of GCOR Rule 5.8.2 (alleged failure to sound whistle) View Award Sept. 22, 2010
PLB 7254 Award 34 Neutral Peterson Denied Claim on behalf of Vancouver, WA Conductor for pay for all time lost, including investigation and complete record clearance, account Level S, thirty (30) day Record Suspension for alleged violation of GCOR Rules 1.3.3 and 1.13, and System Special Instructions No. 14, Item 43 (alleged failure to properly fill out Signal Awareness Form. View Award Sept. 22, 2010
PLB 7254 Award 35 Neutral Peterson Sustained Claim on behalf of Willmar, MN Brakeman for complete record clearance of the entire incident account Level S twenty (20) day record suspension and one (1) year probation for alleged violation of GCOR Rule 1.6 (failure to provide factual information). View Award Sept. 22, 2010
PLB 7254 Award 36 Neutral Peterson Denied Claim on behalf of Trinidad, CO Conductor for pay for all time lost, including attending investigation and benefits, and complete record clearance for Level S thirty (30) day suspension (29 days service and 1 day record) account alleged violation of GCOR Rule 1.6. View Award Sept. 22, 2010
PLB 7254 Award 37 Neutral Peterson Denied Claim on behalf of Wishram, WA Conductor for pay for all time lost, including investigation, and complete record clearance account Level 2, 10 day record suspension for alleged violation of GCOR Rules 1.17 and 1.15 (failure to obtain proper rest to protect assignment when he laid off fatigued). View Award Sept. 22, 2010
PLB 7360 Award 1 Neutral Richter Sustained in part Claim for Vancouver, WA Switchman who was dismissed for positive reasonable cause drug test. View Award July 13, 2010
PLB 7360 Award 2 Neutral Richter   Claim dismissed. View Award July 13, 2010
PLB 7360 Award 3 Neutral Richter Denied Claim for Great Falls, MT Brakeman account Level S, 30 day record suspension for failing to properly ride moving equipment. View Award July 13, 2010
PLB 7360 Award 4 Neutral Richter Denied Claim for Denver. CO Conductor account Level S , 30 day record suspension for failure to stop within the limits of his authority. View Award July 13, 2010
PLB 7360 Award 5 Neutral Richter Sustained Claim for Great Falls, MT Conductor account Level S, 30 day record suspension for alleged altercation with a van driver. View Award July 13, 2010
PLB 7360 Award 6 Neutral Richter Denied Claim for Denver, CO Yardperson account Level S , 30 day record suspension for alleged failure to protect shove when handling cars ahead of engine. View Award July 13, 2010
PLB 7360 Award 7 Neutral Richter Denied Claim for Whitefish, MT Conductor account 20 day record suspension for alleged violation of Attendance Guidelines. View Award July 13, 2010
PLB 7360 Award 8 Neutral Richter Denied Claim for Seattle. WA Conductor account 20 day record suspension for alleged layoff on call. View Award July 13, 2010
PLB 7254 Award 18 Neutral Peterson Sustained in part Claim in behalf of Glasgow, MT Conductor for pay for all time lost and complete record clearance account Level S, thirty (30) day suspension (15 days actual, 15 days record suspension), and (3) year probation, for alleged violation of GCOR Rule 7.6 and Rules S-13.5 and S-13.1.1 (alleged getting on moving equipment, failing to properly secure equipment and failure to follow proper procedure when installing rear end device) . View Award April 29, 2010
PLB 7254 Award 19 Neutral Peterson Denied Claim in behalf of Denver, CO Switchman for pay for all time lost, including attending investigation account Level, Formal Reprimand and one (1) probationary period for alleged violation of GCOR Rules 6.5 and 6.28 (alleged failure to properly protect shoving movement). View Award April 29, 2010
PLB 7254 Award 20 Neutral Peterson Denied Claim for Vancouver, WA Switchman for complete record clearance account Level S, thirty (30) day record suspension for alleged violation of GCOR Rules 1.6, 1.11 and Safety Rules S 1.2.3 (alleged failure to be alert and attentive, sleeping) View Award April 29, 2010
PLB 7254 Award 21 Neutral Peterson Denied Claim in behalf of Denver, CO Switchman for pay for all time lost, including attending investigation account thirty (30) days record suspension for alleged violation of Rule S-13.1.5 of the TY&E Safety Supplement (riding moving equipment to a joint) View Award April 29, 2010
PLB 7254 Award 24 Neutral Peterson Sustained in part Claim for Wishram, WA Conductor for immediate return to service, pay for all time lost, including attending investigation and complete record clearance account dismissed for alleged violation of GCOR Rules 1.47 and 15.1 (alleged failure to stop and protect crossing). View Award Mar 30, 2010
PLB 7254 Award 25 Neutral Peterson Denied Claim for Vancouver, WA Yardperson for immediate return to service, with pay for all time lost, including attending investigation and complete record clearance account dismissed, for alleged violation of GCOR Rules 1.3.3 and 1.13 (alleged failure to perform service as a full time employee). View Award April 29, 2010
PLB 7254 Award 26 Neutral Peterson Denied Claim for Vancouver, WA Yardperson for immediate return to service, with pay for all time lost, including attending investigation and complete record clearance account dismissed, for alleged violation of GCOR Rule 1.15 (alleged failure to protect assignment). View Award April 29, 2010
PLB 7254 Award 27 Neutral Peterson Denied Claim for Vancouver, WA Yardperson for immediate return to service, with pay for all time lost, including attending investigation and complete record clearance account dismissed, for alleged violation of GCOR Rule 1.15 (alleged failure to protect assignment). View Award April 29, 2010
PLB 7254 Award 28 Neutral Peterson Denied Claim in behalf of Vancouver, WA Conductor for immediate return to service, pay for all time lost, including attending investigation, and complete record clearance, account dismissed from service on March 7, 2005, for alleged violation of GCOR Rule 1.56 and BNSF Policy on the use of Alcohol and Drugs (alleged positive breath alcohol). View Award April 29, 2010
PLB 7254 Award 14 Neutral Peterson Denied Claim denied for Seattle, WA Conductor when not recalled to service from furlough status. View Award Jan 20, 2010
PLB 7254 Award 15 Neutral Peterson Sustained Claim sustained for Klamath Falls, OR Conductor for Level S, 30 day record suspension for alleged violation of GCOR Rule 1.6 (alleged false reporting of personal injury). Carrier was unable to meet burden of proof, Board has no authority to review credibility issues on a "de novo" basis, conflicts in testimony.  View Award Jan 20, 2010
PLB 7254 Award 16 Neutral Peterson Denied Claim denied for Seattle, WA Conductor for 10 day record suspension, alleged missed call.  View Award Jan 20, 2010
PLB 7254 Award 17 Neutral Peterson Denied Claim denied for Seattle, WA Conductor for Level S 30 day record suspension, failure to protect shove while spotting cars at Temco Yard, Tacoma, WA.  View Award Jan 20, 2010
PLB 7254 Award 1 Neutral Peterson Denied Claim denied in case of Havre, MT Conductor for immediate return to service with pay for time lost, including attending investigation, and complete clearance account dismissed from the service for alleged violation of GCOR Rules 1.13, 1.2.5 and 1.6 (failure to report an alleged personal injury).  View Award Nov 17, 2009
PLB 7254 Award 2 Neutral Peterson Sustained Claim sustained in case account dismissed for alleged violation of GCOR Rules 1.6, 1.13, 7.1 and 7.6.  View Award Nov 17, 2009
PLB 7254 Award 3 Neutral Peterson Denied Claim denied in case of Denver, CO Yardperson for immediate return to service, pay for all time lost, including investigation, and complete record clearance account dismissed for alleged violation of GCOR Rules 1.6, 1.13, 7.1 and 7.6.  View Award Nov 17, 2009
PLB 7254 Award 4 Neutral Peterson Sustained Claim sustained in case of Minot, ND Yardperson for pay for all time lost, complete record clearance account dismissed on May 11, 2007 and returned to service on leniency basis on September 7, 2007, for alleged violation of GCOR Rule 1.6.  View Award Nov 17, 2009
PLB 7254 Award 5 Neutral Peterson Denied Claim denied in case of Wishram, WA Conductor for immediate return to service, pay for all time lost, including attending investigation, and complete record clearance of the entire incident, account dismissed for alleged violation of GCOR Rules 1.6 and 1.13.  View Award Nov 17, 2009
PLB 7254 Award 6 Neutral Peterson Sustained Claim sustained in case of Sioux City, IA Brakeman for immediate return to service account dismissed on November 19, 2007, for alleged violation of GCOR Rules 6.5, 6.3, 6.23 and 1.6  View Award Nov 17, 2009
PLB 7254 Award 7 Neutral Peterson Denied Claim denied in case of Sioux City, IA Conductor for immediate return to service, pay for all time lost, including attending investigation, and complete record clearance, account dismissed for alleged violation of GCOR Rules 6.5, 6.3, 6.23 and 1.6  View Award Nov 17, 2009
PLB 7254 Award 8 Neutral Peterson Denied Claim denied in case of Sioux City, IA Conductor for immediate return to service, pay for all time lost, including attending investigation, and complete record clearance, account dismissed for alleged violation of GCOR Rules 1.6 and 1.6.2.  View Award Nov 17, 2009
PLB 7254 Award 9 Neutral Peterson Denied Claim denied in case of Willmar, MN Conductor for pay for all time lost, including attending investigation, and complete record clearance of the entire incident, account Level S, thirty (30) day record suspension for alleged violation of ABTH Rules 100.15 .  View Award Nov 17, 2009
PLB 7254 Award 10 Neutral Peterson Sustained Claim sustained in case of Willmar, MN Conductor for immediate return to service account dismissed from service on March 4, 2008, for alleged violation of ABTH Rules 102.1.2   View Award Nov 17, 2009
PLB 7254 Award 11 Neutral Peterson Denied Claim denied in case of Spokane, WA Brakeman for immediate return to service, pay for all time lost including investigation, and complete record clearance account dismissed for alleged violation of GCOR Rule 1.5.  View Award Nov 17, 2009
PLB 7254 Award 22 Neutral Peterson Sustained in part Claim sustained in part on behalf of Rocky Mountain 4th seniority district (Conductors Roster) for proper seniority placement.  View Award Nov 17, 2009
PLB 7254 Award 23 Neutral Peterson Denied Claim denied in case of Denver, CO Switchman for complete record record clearance, account Level S thirty (30) day record suspension for alleged violation of GCOR Rules 1.2.5 and 1.4.  View Award Nov 17, 2009
PLB 7321 Award 1 Neutral Simon Denied The Carrier has the authority to impose the Laurel, MT Shuttle proposal initialed by the respective UTU General Chairmen. View Award June 15,  2009
PLB 7167 Award 21 Neutral Conway Denied Claim denied in case of Vancouver, WA Conductor account formal reprimand for failure to
perform as full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 22 Neutral Conway Denied Claim denied for Vancouver, WA Conductor account Level 2 - 10 day record suspension for
failure to perform as full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 23 Neutral Conway Denied Claim denied for Vancouver, WA Conductor account 20 day perform as full time employee (Attendance Guidelines).  View Award June,  2009
PLB 7167 Award 24 Neutral Conway Sustained Claim sustained for Seattle, WA Conductor account formal perform as full time employee (Attendance Guidelines).  View Award June,  2009
PLB 7167 Award 25 Neutral Conway Denied Claim denied for Vancouver, WA Conductor account Formal Reprimand for failure to perform service as a full time employee (attendance guidelines).  View Award June,  2009
PLB 7167 Award 26 Neutral Conway Denied Claim denied for Vancouver, WA Conductor account 10 day record suspension for missed call.  View Award June,  2009
PLB 7167 Award 27 Neutral Conway Denied Claim denied for Seattle, WA Conductor account formal reprimand for failure to perform as a full time employee (Attendance Guidelines).  View Award June,  2009
PLB 7167 Award 28 Neutral Conway Denied Claim denied for Havre, MT Conductor account 10 day record suspension for failure to
perform as a full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 29 Neutral Conway Sustained Claim sustained for Seattle, WA Conductor account as a full time employee (Attendance Guidelines).  View Award June,  2009
PLB 7167 Award 30 Neutral Conway Denied Claim denied for Vancouver, WA Switchman account formal reprimand for failure to perform
as a full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 31 Neutral Conway Sustained Claim sustained for Denver, CO Switchman account involvement in derailment and subsequent damage to cars due to bypassed couplers while switching track 132 at Denver Terminal.  View Award June,  2009
PLB 7167 Award 32 Neutral Conway Denied Claim denied for Vancouver, WA Conductor account 10 day record suspension for failure to
perform service as a full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 33 Neutral Conway Denied Claim denied for Vancouver, WA Conductor account 20 day record suspension for failure to
perform service as a full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 34 Neutral Conway Denied Claim denied for Trinidad, CO Conductor account formal reprimand for failure to perform
service as a full time employee (Attendance Guidelines).
  View Award
June,  2009
PLB 7167 Award 35 Neutral Conway Denied Claim denied for Seattle, WA Conductor account 10 day record suspension for violaiton of
layoff policy (layoff on call).
  View Award
June,  2009
PLB 6672 Award 11 Neutral Conway Denied Claim on behalf of Conductor for pay for all time and earnings lost due to sixty (60) day suspension, June 27, 1997 through and including August 27, 1997 and total record clearance for alleged falsification of timeslip for annulment pay.  View Award March,  2009
PLB 6672 Award 15 Neutral Conway Sustained Claim on behalf of Great Falls, MT Brakeman for complete record clearance and pay for all time lost account formal reprimand for alleged violation of GCOR Rule 1.13 (alleged failure to comply with instructions) on January 8, 2001.  View Award March,  2009
PLB 6672 Award 16 Neutral Conway Denied

Claim on behalf of Klamath Falls, OR Conductor for any lost time and benefits for alleged violation of the BNSF Attendance ("Availability Policy") Guidelines.  View Award

 

March,  2009
PLB 6672 Award 18 Neutral Conway Dismissed This case has been settled between the Organization and Carrier.  View Award March,  2009
PLB 6672 Award 22 Neutral Conway Sustained Claim on behalf of Vancouver, WA Conductor for pay for all time lost and complete record clearance for alleged violation of GCOR Rule 1.3.3 (failure to perform service as a full time employee)  View Award March,  2009
PLB 6672 Award 23 Neutral Conway Denied Claim on behalf of Vancouver, WA Conductor  for pay for all time lost and complete record clearance for alleged violation of GCOR Rule 1.13 (failure to perform service as a full time employee)  View Award March,  2009
PLB 6672 Award 29 Neutral Conway Dismissed This case has been settled between the Organization and Carrier.  View Award March,  2009
PLB 6672 Award 31 Neutral Conway Sustained Claim on behalf of Grand Forks, ND Brakeman for pay for all time lost for alleged violation of Rules S-13.1.1, S-13.2.4 and S-13.6.3 of the TY&E Safety Supplement (alleged failure to provide 50 feet of separation.  View Award March,  2009
PLB 6672 Award 35 Neutral Conway Denied Claim on behalf of Minot, ND Brakeman for pay for time spent attending investigation and complete record clearance account ten (10) day record suspension for alleged violation of GCOR Rule 1.16 (alleged miss call)  View Award March,  2009
PLB 6672 Award 36 Neutral Conway Denied Claim on behalf of Seattle, WA Conductor for pay for all time lost for alleged violation of Rule 1.6 of the General Code of Operating Rules (alleged dishonesty in submitting trip tickets which resulted in alleged overpayment.  View Award March,  2009
First Division 26792
Neutral Richter
Denied Claim in behalf of Vancouver, WA Brakeman for all pay for time lost, including investigation and complete record clearance account Level S 30 day record suspension for alleged violation of GCOR Rule 1.6, Safety Rules S-13.1.1, S-13.2.2. and System Special Instruction No. 8, Item 14 (alleged running between equipment without protection.  View Award April 2, 2009
First Division 26793
Neutral Richter
Sustained Claim in behalf of Seattle, WA Conductor for immediate return to service, with seniority unimpaired, complete record clearance and pay for all time lost, including investigation account dismissed from service on May 28, 2005 for alleged violation of Air Brake and Train Handling Rule 102.1.1 (securing an unattended train); TY&E Safety Supplement Rule 21.1 (not wearing Safety Boots) and GCOR Rule 1.6 (conduct).  View Award April 2, 2009
First Division 26794
Neutral Richter
Denied Claim in behalf of Havre, MT Conductor for immediate return to service, pay for all time lost, including attending investigation and complete record clearance account dismissed for alleged violation of GCOR Rule 1.6 (alleged falsification of layoff).  View Award April 2, 2009
First Division 26825
Neutral Richter
Denied Claim in behalf of Whitefish, MT Conductor for pay for all time lost and complete record clearance with seniority unimpaired account dismissed for alleged violation of GCOR 1.5 and BNSF Policy of the Use of Alcohol and Drugs.  View Award April 2, 2009
First Division 26826
Neutral Richter
Denied Claim in behalf of Whitefish, MT Conductor immediate return to service, pay for for all time lost, including attending investigation and complete record clearance of the entire incident account dismissed from service on October 3, 2003, for alleged violation of GCOR Rule 1.9 and General Notice 93 (Revised Policy for Employee Performance Accountability) for felony conviction.  View Award April 2, 2009
First Division 26827
Neutral Richter
Denied Claim in behalf of Havre, MT Conductor for pay for all time lost, including investigation, and complete record clearance account dismissed from service for alleged violation of GCOR Rule 1.6 and BNSF Policy on the Use of Drugs and Alcohol, Section 7.4 (alleged failure to participate in random drug test as instructed by Trainmaster.  View Award April 2, 2009
First Division 26828
Neutral Richter
Sustained Claim in behalf of Vancouver, WA Conductor for immediate return to service with payment for all lost wages and complete record clearance account dismissal for alleged violation of GCOR Rule 15.1 and GCOR Rule 15.2 (failure to comply with Portland & Western Railroad Form B).  View Award April 2, 2009
First Division 26829
Neutral Richter
Sustained Claim in behalf of Vancouver, WA Conductor for lost wages and complete record clearance account thirty (30) day record suspension for alleged violation of GCOR 1.13; GCOR 1.47 and Northwest Timetable #1 (alleged excessive speed and subsequent derailment).  View Award April 2, 2009
First Division 26830
Neutral Richter
Denied Claim in behalf of Minot, ND Conductor for immediate return to service, all time lost including attending investigation, and complete record clearance of the entire incident account dismissed from service for alleged violation of GCOR Rule 1.6 (alleged dishonesty by not providing factual off-duty information when you falsified and recorded a FRA Hours of Service off-duty time.  View Award April 2, 2009
First Division 26831
Neutral Richter
Denied Claim in behalf of Minot, ND Conductor for immediate return to service, all time lost including attending investigation, and complete record clearance of the entire incident account dismissed from service for alleged violation of GCOR Rules 1.13 and 1.3.3 (alleged failure to provide signed Federal Hours of Service tie up information.  View Award April 2, 2009
PLB 7204 Award 1 Neutral Zimmerman Denied Claim denied for dismissal of Vancouver, WA Conductor for failure to perform service as a full time employee in accordance with Attendance Guidelines.  View Award March 31, 2009
PLB 7204 Award 2 Neutral Zimmerman Denied Claim denied for dismissal of Vancouver, WA Conductor when failed to protect his assignment when he laid off on call.  View Award March 31, 2009
PLB 7204 Award 3 Neutral Zimmerman Denied Claim denied for dismissal of Vancouver, WA Switchman when he failed to comply with instructions from the Medical and Environmental Health Department regarding treatment resulting from a positive drug test.  View Award March 31, 2009
PLB 7204 Award 5 Neutral Zimmerman Denied Claim denied for dismissal of Willmar, MN Conductor when he was absent without authority.  View Award March 31, 2009
PLB 7204 Award 6 Neutral Zimmerman Denied Claim denied for 10 day record suspension for Great Falls, MT Conductor for his failure to report for duty at the appropriate time.  View Award
 
March 31, 2009
PLB 7204 Award 7 Neutral Zimmerman Denied Claim denied for 30 day record suspension for a Great Falls, MT Conductor account run through switch.  View Award March 31, 2009
PLB 7204 Award 8 Neutral Zimmerman Denied Claim denied for dismissal of Great Falls, MT Conductor when he missed a call.  View Award March 31, 2009
PLB 7204 Award 9 Neutral Zimmerman   Claim Dismissed  View Award March 31, 2009
PLB 7204 Award 10 Neutral Zimmerman Denied Claim denied for dismissal of Great Falls, MT Conductor when he missed a call.  View Award March 31, 2009
PLB 7204 Award 11 Neutral Zimmerman Denied Claim denied for dismissal Great Falls, MT Conductor when failed to comply with instructions of BNSF TY&E Attendance Guidelines as outlined in General Managers Notice No, 2 dated 8/24/03.  View Award March 31, 2009
PLB 7204 Award 12 Neutral Zimmerman Denied Claim denied for dismissal Dilworth, ND MT Conductor when tested positive for drugs and alcohol.  View Award March 31, 2009
PLB 6672 Award 10 Neutral Conway Denied Claim in behalf of Seattle Conductor for all lost earnings and record clearance account 20 days suspension February 17, 1996 through March 7, 1996 for alleged violation of GCOR Rule 1.15 (Duty Reporting or Absence) and Superintendent's Notice No. 22 (Conductor's Reporting Requirements).  View Award Nov-08
PLB 6672 Award 12 Neutral Conway Sustained Claim in behalf of Havre, MT Conductor for complete record clearance of the entire incident account thirty (30) day record suspension for alleged violation of GCOR Rule 6.31 (alleged exceeding maximum authorized speed) on September 11, 2000.  View Award Nov-08
PLB 6672 Award 19 Neutral Conway Denied Claim in behalf of Willmar, MN Conductor for clearance of record and pay for all time lost account withheld from service from November 4, 1999 per telephone conversation between Claimant and Terminal Manager  View Award Nov-08
PLB 6672 Award 25 Neutral Conway Denied Claim in behalf of Seattle, WA OR Conductor for immediate return to service, pay for all time lost, including attending investigation and complete record clearance of the entire incident account dismissal for alleged violation of GCOR Rule 1.5 (Duty reporting or Absence) and GCOR Rule 1.16 (Subject to Call) on July 13, 2003.  View Award Nov-08
PLB 6672 Award 28 Neutral Conway Sustained Claim in behalf of Seattle, WA Conductor for record clearance of the entire incident, including one (1) year probation, payment of all time lost, including investigation, account Level S, fifteen (15) days suspension January 24, 1999 through February 10, 1999, for alleged violation of GCOR Rule 6.27, Moving at Restricted Speed, for failure to stop for obstruction banner.  View Award Nov-08
PLB 6672 Award 33 Neutral Conway Sustained Claim in behalf of Vancouver, WA Conductor for pay for all lost wages and complete record clearance account 30 day suspension (3 actual days, 27 days deferred) for alleged violation of Safety Rules S-13.5 and S-13.5.2 (alleged getting on and off moving equipment) on April 24, 2000.  View Award Nov-08
PLB 7221 Award 1 Neutral Zimmerman Denied Claim in behalf of Seattle, WA Conductor for all pay lost including investigation and complete record clearance account ten (10) day record suspension and one (1) year probation for alleged violation of GCOR 1.3.3 Circulars, Instructions, & Notices, Specifically, Gen. Notice 363 Lay off Policy (alleged lay off on call) on June 3, 2004.  View Award 31-Oct-08
PLB 7221 Award 2 Neutral Zimmerman Denied Claim in behalf of Seattle, WA Conductor for all pay lost including investigation and complete record clearance account twenty (20) day record suspension and three (3) year probation for alleged violation of GCOR 1.13 Reporting and complying with instructions, duty reporting or absence and GCOR 1.16 Subject to call (alleged missed call) on July 13, 2004.  View Award 31-Oct-08
PLB 7221 Award 3 Neutral Zimmerman Denied Claim in behalf of Seattle, WA Conductor for pay for all time lost, including investigation, and complete record clearance account ten (10) day record suspension for alleged violation of GCOR 1.13 (alleged failure to comply with instructions regarding your injury on November 10, 2004, while working as a crew member on the R-NWE8151-09 on duty at Mt. Vernon, WA at 2000 hours November 9, 2004).  View Award 31-Oct-08
PLB 7221 Award 4 Neutral Zimmerman Sustained Claim and appeal in behalf of Sioux City, IA Conductor for pay for all time lost, including investigation, complete record clearance including three (3) year probation for alleged violation of GCOR Rules 1.6, 1.13 and 1.29 (insubordinate conduct by not complying with instructions from the supervisor resulting in delay to train) on February 11, 2003.  View Award 31-Oct-08
PLB 7221 Award 5 Neutral Zimmerman Denied Claim in behalf of Willmar, MN for pay for all lost earnings and complete record clearance account thirty (30) suspension (15 days served, 15 days deferred), May 13, 2001 through and including May 27, 2001, for alleged violation of GCOR Rule 6.5 (failure to protect shoving movement).  View Award 31-Oct-08
PLB 7221 Award 6 Neutral Zimmerman Denied Claim in behalf of Seattle, WA Conductor for pay for all time lost, including investigation, and complete record clearance account ten (10) day record suspension for alleged violation of GCOR 8.2 (alleged failure to remove derail at Gargil Nutrena Track #2562, derailing engine BNSF 2079, at approximately 2235 hours on October 24, 2004, while working as a crew member on the R NEW816-24, on duty at Mt. Vernon, WA at 2000 hours).  View Award 31-Oct-08
PLB 7221 Award 7 Neutral Zimmerman Denied Claim in behalf of Minot, ND Yardperson for pay for lost earnings to attend investigation and complete record clearance of the entire incident account, Class I, thirty (30) day record suspension for alleged violation of Rule 6.5 of the System Special Instructions and Rule 7.1 and 8.2 of the GCOR (failure to stop within half the range of vision causing collision and derailment) on August 18, 2003.  View Award 31-Oct-08
PLB 7221 Award 8 Neutral Zimmerman Sustained Claim in behalf of Seattle, WA Brakeperson for complete record clearance and pay for any time lost account mark of censure for alleged violation of GCOR Rule 5.8.2 (alleged failure to use bells and whistles when approaching men and equipment on track at MP 1.77) on November 5, 2002, at Longview, WA.  View Award 31-Oct-08
PLB 7221 Award 9 Neutral Zimmerman Sustained Claim in behalf of Minot, ND Brakeperson for lost earnings to attend investigation and complete record clearance of the entire incident account, Level S, thirty (30) day record suspension for alleged violation of Rule S-13.1 of TY&E Safety Supplement (alleged failure to follow proper procedure when going in between cars) on August 15, 2001.  View Award 31-Oct-08
PLB 7221 Award 10 Neutral Zimmerman Denied Claim in behalf of Great Falls, MT Conductor B.P. Picchi for complete record clearance account Level S, thirty (30) day record suspension for alleged violation of GCOR Rule 1.3.2 and TY&E Safety Supplement Rule 13.1.1 (failure to properly communicate with engineer when going in between equipment) on July 19, 2001.  View Award 31-Oct-08
PLB 7221 Award 11 Neutral Zimmerman Denied Claim in behalf of Great Falls, MT for complete record clearance account formal reprimand for alleged violation of GCOR Rule 1.13 (alleged failure to comply with instructions, Attendance Guidelines) as reported on September 8, 2001.  View Award 31-Oct-08
PLB 7221 Award 12 Neutral Zimmerman Denied Claim and appeal in behalf of Seattle, WA Conductor for pay for time lost attending investigation and complete record clearance account Level S, 30 day record suspension for alleged violation of GCOR Rule 9.5 (alleged failure to stop for a red signal) on March 17, 2004.  View Award 31-Oct-08
PLB 7221 Award 13 Neutral Zimmerman Denied Claim in behalf of Vancouver, WA Foreman for complete record clearance account Level 3 - twenty (20) day record suspension for alleged violation of GCOR Rule 7.1 (alleged failure to protect shoving movement resulting in derail and damage to equipment) on April 20, 2001.  View Award 31-Oct-08
PLB 7221 Award 14 Neutral Zimmerman Denied Claim in behalf of Great Falls, MT Brakeman for pay for all time lost including attending investigation and complete record clearance account thirty (30) day suspension, September 25, 2001 through and including October 15, 2001, and three (3) year probation for alleged violation of GCOR Rule. 1.3.2 and TYE Safety Supplement 13.1.1 (alleged failure to properly communicate with locomotive engineer when going in between equipment) on July 19, 2001.  View Award 31-Oct-08
PLB 7221 Award 15 Neutral Zimmerman Denied Claim in behalf of Denver, CO Switchman for pay for all time lost, including attending investigation account Level, Formal Reprimand and one (1) probationary period for alleged violation of GCOR Rules 1.3.3 and 1.13 - BNSF's Attendance Guidelines (alleged layoff one (1) weekend day and six and half (6 1/2) week days from March 1, 2000 to May 31, 2000).  View Award 31-Oct-08
PLB 7221 Award 16 Neutral Zimmerman Denied Claim and appeal in behalf of Minot, ND Brakeman for pay for time spent attending investigation and complete record clearance account Level 1, thirty (30) day record suspension and three (3) year probation for alleged violation of GCOR Rules 1.6 and 1.15 (alleged failure to protect assignment and alleged falsification fo lay-off request) on June 25, 2002.  View Award 31-Oct-08
PLB 7221 Award 17 Neutral Zimmerman Denied Claim in behalf of Denver, CO Conductor for pay for all time lost attending investigation, including two (2) productivity shares, and complete record clearance of the entire incident account formal reprimand for violation of GCOR Rules 1.1.3 and 1.13 (BNSF Attendance Guidelines) by laying off six and one half weekend days (in addition to six excluded weekend days) between November 1, 2001 and January 31, 2002. Payment to include reimbursement of $400.00 to Local 201, for payment of representation, because of Carrier flagrant violation of Appendix I, in scheduling an investigation.  View Award 31-Oct-08
PLB 7221 Award 18 Neutral Zimmerman Denied Claim in behalf of Trinidad, CO Conductor for payment of all time lost including time attending investigation and complete record clearance of the entire incident account Formal Reprimand and one (1) probationary period for alleged failure to perform service as a full time employee in accordance with the BNSF Attendance Guidelines (laying off nine (9) weekend days from September 1 to November 30, 2000)  View Award 31-Oct-08
PLB 7221 Award 19 Neutral Zimmerman Denied Claim in behalf of Trinidad, CO Trainman for payment of all time lost including time attending investigation and complete record clearance of the entire incident account Ten (10) day record suspension and one (1) probationary period for alleged failure to perform service as a full time employee in accordance with the BNSF Attendance Guidelines (laying off twelve (12) weekend days from August 1 to October 31, 2000)  View Award 31-Oct-08
PLB 7221 Award 20 Neutral Zimmerman Denied Claim in behalf of Seattle, WA Brakeman for removal of formal reprimand and one (1) year probation from his personal record and payment for time involved in attending investigation held November 26, 2003, for alleged violation of BNSF's attendance guidelines policy, and as such with not being a full time employee during the period of August, September and October 2003.  View Award 31-Oct-08
PLB 7221 Award 21 Neutral Zimmerman Denied Claim in behalf of Trinidad, CO Conductor for pay for all time lost, including time attending investigation and complete record clearance account Level S, 30-day record suspension for alleged violation of Rule S-13.5 of the BNSF TY&E Safety Supplement No. 1, effective April 1, 1998, including revisions (alleged getting on moving equipment) on March 26, 2002.  View Award 31-Oct-08
PLB 7221 Award 22 Neutral Zimmerman Denied Claim in behalf of Vancouver, WA Conductor for complete record clearance and all lost wages account Formal Reprimand for alleged violation of GCOR Rule 1.13 (failure to perform as full time employee in accordance with the BNSF Attendance guidelines when absence 4 weekdays and 6 weekend days during January, February and March 2005).  View Award 31-Oct-08
PLB 7221 Award 23 Neutral Zimmerman Denied Claim in behalf of Trinidad, CO Conductor for pay for lost time attending investigation and complete record clearance account Level S, thirty (30) day record suspension for alleged violation of GCOR Rule 9.5 (alleged failure to stop before passing signal displaying stop indication) on October 28, 2003.  View Award 31-Oct-08
PLB 7221 Award 24 Neutral Zimmerman Denied Claim in behalf of Trinidad, CO Conductor for complete record clearance and payment for all time lost for attending investigation account formal reprimand for alleged violation of GCOR Rule 1.1.3 and Powder River General Notice #7 dated January 18, 2002 (failure to perform service as a full time employee in accordance with the BNSF Attendance Guidelines between December 1, 2002 and February 28, 2003).  View Award 31-Oct-08

PLB 7167 Award 1 Neutral Conway

Denied

Claim in behalf of Minot, ND Brakeman for complete record clearance and pay lost earnings for attending investigation account Level S, thirty (30) day deferred suspension for three (3) year probation for alleged violation of GCOR Rule 8.11 (failed to properly line switch back for siding) on January 31, 2002.   View Award

28-Aug-08

PLB 7167 Award 2 Neutral Conway

Denied

Claim in behalf of Glasgow, MT Brakeman for pay for all time lost, including one (1) day for attending investigation, and complete record clearance of the entire incident, including one (1) year probation, account ten (10) day record suspension and subsequent Level S thirty (30) day record suspension for alleged violation of GCOR Rule 1.13 (alleged failure to comply with instructions) on November 28, 2000.  View Award

28-Aug-08

PLB 7167 Award 3 Neutral Conway

Sustained

Claim in behalf of Seattle, WA Conductor for pay for all time lost, including investigation, and complete record clearance account thirty (30) day record suspension for alleged violation of Air Brake and Train Handling Rule 103.8.4 Emergency Brake Application - Report to Train Dispatcher and GCOR Rules 6.23 Emergency Stop or Severe Slack Action and GCOR Rule 1.6 conduct (alleged failure to transmit via radio the approach signal in advance of control point Nelson Bennett, to report your emergency brake application to the train dispatcher and Road Foreman, and to properly protect reverse movement while operating on the Seattle Subdivision at approximately 1618 hours) on December 27, 2004.  View Award

28-Aug-08

PLB 7167 Award 4 Neutral Conway

Denied

Claim in behalf of Glasgow, MT Conductor for pay for all time lost, including one (1) day for attending investigation, and complete record clearance of the entire incident, including one (1) year probation, account ten (10) day record suspension and subsequent Level S thirty (30) day record suspension for alleged violation of GCOR Rule 1.13 (alleged failure to comply with instructions) on November 28, 2000.  View Award

28-Aug-08

PLB 7167 Award 5 Neutral Conway

Denied

Claim in behalf of Seattle, WA Conductor for pay for all time lost, including investigation and complete record clearance account thirty (30) day suspension, May 21, 2002 through June 19, 2002, and 36 month review period for alleged violation of GCOR Rules 1.1, 1.1.1, 1.1.2, 6.28, 7.1 and 7.10 (alleged failure to switch in a safe manner resulting in personal injury) on April 14, 2002.  View Award

28-Aug-08

PLB 7167 Award 6 Neutral Conway

Sustained

Claim in behalf of Seattle, WA Brakeman for record clearance of the entire incident, including one (1) year probation, payment for all time lost, including investigation, account Level S, fifteen (15) days suspension January 24, 1999 through February 10, 1999, for alleged violation of GCOR Rule 6.27, Movement at Restricted Speed, for alleged failure to stop for obstruction banner (yellow flag).  View Award

28-Aug-08

PLB 7167 Award 7 Neutral Conway

Denied

Claim in behalf of Klamath Falls, OR Conductor for pay for all time lost and complete record clearance of the entire incident account Level S, 30 days suspension, March 25, 1999 through April 23, 1999, for alleged violation of GCOR Rules 1.47, 6.14 and 6.27 (alleged failure to control the train while entering restricted limits, Bend, OR).  View Award

28-Aug-08

PLB 7167 Award 8 Neutral Conway

Denied

Claim and appeal in behalf of Sioux City, IA Conductor for pay for all time lost, including investigation, complete record clearance including two (2) year probation account fifteen (15) day record suspension for allegeged violation of GCOR Rules 1.1.5, 1.2.7 and 1.1.3 and TY&E Safety Supplement Rule S-1.2.8 (failure to provide information to proper manager and failure to report a condition that may affect the safety of others) on February 21, 2003.  View Award

28-Aug-08

PLB 7167 Award 9 Neutral Conway

Denied

Claim and appeal in behalf of Great Falls, MT Conductor for pay for all time lost, including investigation, and complete record clearance of the entire incident, including three (3) year probation account Level S, thirty (30) day suspension for alleged violation of GCOR Rule 1.13 (alleged failure to comply with instructions with allegedly failed to pick up cars per work order on December 14, 2000).  View Award

28-Aug-08

PLB 7167 Award 10 Neutral Conway

Sustained

Claim in behalf of Great Falls, MT Conductor for pay for all time lost and complete record clearance account thirty (30) day suspension and three (3) year probation for alleged violation of TY&E Safety Supplement Rule S-12.5 (alleged failure to wear seat belt in contract van) on July 18, 2001.  View Award

28-Aug-08

PLB 7167 Award 11 Neutral Conway

Denied

Claim in behalf of Denver, CO Conductor for complete record clearance of the entire incident, account formal reprimand for violation of GCOR Rule 1.13 (BNSF Attendance Guidelines) by laying off nine (9) weekend days from October 1, 2001 through December 31, 2001.  View Award

07-Sep-08

PLB 7167 Award 12 Neutral Conway

Denied

Claim in behalf of Havre, MT Conductor for pay for all time lost, including attending investigation, and complete record clearance of the entire incident, including probation period, account Level S, thirty (30) day suspension September 25, 2001 through and including October 25, 2001, for alleged violation of Rules S-13.1.5 and S-13.6 of TY&E Safety Supplement (alleged riding end of platform of Boxcar during shoving movement and tying a handbrake from the ground) on September 6, 2001.  View Award

08-Sep-08

PLB 7167 Award 13 Neutral Conway

Denied

Claim in behalf of Vancouver, WA Conductor for complete record clearance and all lost wages account Level 2, record suspension for alleged violation of GCOR Rule 1.13 (failure to comply with instructions - Attendance Guidelines) for four (4) weekdays and ten (10) weekend days during January, February and March 2003.  View Award

08-Sep-08

PLB 7167 Award 14 Neutral Conway

Denied

Claim in behalf of Vancouver, WA Conductor for complete record clearance and any lost wages account Level 1, Formal Reprimand for alleged violation of GCOR Rule 1.13 (alleged failure to perform service as a full-time employee in accordance with the BNSF Attendance Guidelines - absence of 25 weekdays and 9 weekend day during the months of March, April and May 2001).  View Award

09-Sep-08

PLB 7167 Award 15 Neutral Conway

Denied

Claim in behalf of Vancouver, WA Yard Foreman for pay for all time lost, including time spent attending investigation, and complete record clearance account Level S, thirty (30) day suspension, for alleged violation of GCOR Rule 6.3 and System Special Instruction #14 (alleged occupation of the main track or portion of the main track without proper authority) on June 10, 2002.  View Award

10-Sep-08

PLB 7167 Award 16 Neutral Conway

Sustained

Claim and appeal in behalf of Seattle, WA Conductor for complete record clearance account formal reprimand and one (1) year probation account allegedly missing a call on April 13, 2004.  View Award

10-Sep-08

PLB 7167 Award 17 Neutral Conway

Denied

Claim in behalf of Vancouver, WA Conductor for complete record clearance, including one (1) probation period and all lost wages account formal reprimand for alleged violation of GCOR Rule 1.13 (Attendance Guidelines) for alleged failure to perform service a s a full time employee for absence of four (4) weekdays and one (1) weekend day during the months of April, May and June 2004.  View Award

11-Sep-08

PLB 7167 Award 18 Neutral Conway

Sustained

Claim and appeal in behalf of Seattle, WA Brakeman for pay for attending investigation and complete record clearance account ten (10) day record suspension and one (1) year probation for alleged failure to line switch at Old Rogers Track 497, resulting in damage to switch on May 15, 2004.  View Award

11-Sep-08

PLB 7167 Award 19 Neutral Conway

Denied

Claim in behalf of Vancouver, WA Conductor for complete record clearance for alleged failure to perform service as a full time employee (absence of 19 weekdays and 4 weekend days during February, March and April 2001) account issued a Level 1 - formal reprimand for alleged violation of GCOR Rule 1.13 (Attendance Guidelines).  View Award

11-Sep-08

PLB 7167 Award 20 Neutral Conway

Denied

Claim in behalf of Vancouver, WA Conductor for pay for time lost attending investigation and complete record clearance of the entire incident account Level S record suspension of thirty (30) days and three (3) year probationary period for alleged violation of GCOR 1.6 (alleged quarrelsome and discourteous conduct) on August 30, 2004.  View Award

11-Sep-08