`1l. That in violation of the current April 1,1983 Agreement, Rule 35 in

particular, Electrician Mark Billingslea was unjustly disciplined by

the Burlington Northern/Santa Fe Railroad Company following an

investigation held on November 17, 1999.

2. That the investigation held on November 17, 1999 was not a fair

and impartial investigation under the terms required by the rules

of the controlling Agreement and that the discipline assessed

Electrician Mark Billingslea was excessive and unwarranted.

3. That accordingly the Burlington Northern/Santa Fe Railroad

Company be directed to make Electrician Mark Billingslea whole

with respect to all lost wages, rights, benefits and privileges which

were adversely effected by his suspension. Further, that all record

of the charges, investigation and discipline be removed from

Electrician Mark Billingslea's personal record."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

On November 29, 1999 the Carrier issued the Claimant a five day deferred suspension. As a result of an Investigation held on November 17, 1999 the Carrier found the Claimant violated Rules S-28.6 and S-28.1.2 on November 1, 1999.

The facts in this case are not in dispute. On November 1, 1999 the Claimant's responsibilities included assisting in the attaching of remote power cables (480 volt) to suburban passenger car 768 and the subsequent powering up of the car using the remote power. The Claimant pressed the wrong button on the console, which instead of putting power to the car, operated a remote motor that pulled the power cable up and away from the passenger car. Before the Claimant could get the power cut to the motor by use of the emergency stop button, the power cable and the southeast receptacle on the passenger car were damaged.

During the Investigation the Claimant admitted to pushing the wrong button.

The Organization argues the Carrier failed to prove the Claimant violated its Rules, which read:

"S-28.6 Conduct: employees must not be:

2) negligent, and;

S-28.1.2 Alert and Attentive. Employees must be careful to prevent injury to themselves or others and must be alert and attentive while performing their duties and plan their work to avoid injury."

It is obvious the Claimant was inattentive to his duties when he negligently pushed the wrong button.

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