For TI L ADJUSTMENT



                                          Docket . -1

                                          0-3-0-3-534


The Third Division consisted of the regular members and in addition ere Francis . Quinn hen award as rendered.

    (Brotherhood of Railroad Signalmen TIES DISPUTE:

                  (The Burlington Northern and Santa FRailway Company


STATEMENT F CLAIM:

,"Claim on behalf of the General Committee the Brotherhood of

ailroad Signalmen on the Burlington Northern Santa e (BNSF):


      Clai oealf of J. . Skork for reinstatement payment of

      all tine lost and benefits, an for all reference to this natter

      removed from his personal record, account Carrier violated the

      current Signalmen's Agreement, particularly Rule 4, a it failed

      trvide the Claimant with fair and impartial investigation n

      imposed harsh and excessive discipline dismissal n the Claimant

      in onection with a investigation conducte : . .,

      September 1 , 20 2, i the Claimant's absence. Carrier's File

      5 011. General Chairman's File . -11 - -1 -.

      BRS File se .127 - SF."


FINDINGS:
The Third f the Adjustment Board, n the whole record all the
 evidence, s tat:

 The carrier r carriers and the employee or employees involved in this dispute
 are respectively carrier r and employee within the meaning of the Railway Labor Act,
 s prove June 21,1
 For 1 war .74
 Docket . S 3 1
 0-3- -3-534

 This Division f the Adjustment Board has jurisdiction over t disputeinvolved rein.

      Parties to said dispute ere given ue notice of hearin thereon.


The record indicates that the Carrier issued explicit instructions via
 telephone to te Claimant a August , 2, regarding medical forms reire
 exten leave f absence. certified letter repeated these instructions. The
 limanade no tte t to provide the requested information and faile t
 return to r when his leave of absence expire . The Claimant as properly
 dims issed.

                        ,AWE

      li denied.

      E

This Board, after consideration the dispute identified above, ere orders
 t n r favorable to the Claim a (st e made.

                        TI L ADJUSTMENT

                        BOARD

                        By Order of Third Division


ate t Chicago, Illinois, this 7t October
                                  2004.