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

particular, Electrician Mark Billingslea was issued a Level 1 -

Letter of Reprimand 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 unjust and unwarranted.

3. That accordingly the Burlington Northern/Santa Fe Railroad

Company be directed to remove the Letter of Reprimand, together

with all record of investigation, 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 Letter of Reprimand. As a result of an Investigation held on November 17, 1999 the Carrier found the Claimant violated Rules S-28.6 and S-1.2.3 on October 8, 1999.

A review of the record shows that on October 8,1999 the Carrier was preparing train 1243 for departure. When the train set that was to become 1243 arrived at the terminal, the five south cars of the train were taken to the shops for inspection, and subsequently returned to the train set. The crew made the break in the train set between car 819 and car 810. Once the train set was put back together the air hoses and electrical cables were connected between car 819 and car 810, an outbound inspection was performed and the train departed.

Once enroute, the train began having electrical problems that were traced to a problem with the electrical connection between car 819 and car 810. The Carrier surmised that the cable had been properly attached and secured when the train was put back together. Because the cable was not securely placed in the socket on car 810 and because the cable was not latched into place, it became dislodged while the train was traveling and dropped down between the two cars. At some point the cable end got lodged in the track structure and was torn off the end of the cable.

There were three employees working the train yard - the Claimant, another electrician and a carman. All three deny making the electrical connection between cars 810 and 819. The carman and the other electrician inspected the train before departure and could see nothing wrong with the connections.

A review of the record in this case shows that the Carrier failed to prove who made the electrical connections between the two cars. The Board has no way to ascertain who did what.

The Carrier failed to prove the Claimant violated its Rules.

AWARD