Form I
PARTIES TO DISPUTE:

 STATEMENT OF CLAIM:

 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
Award No. 40952
 Docket No. SG-40154
 11-3-NRAB-00003-070384

 The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin when award was rendered.

 (Brotherhood of Railroad Signalmen

 (Kansas City Southern Railway Company

"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Kansas City Southern:


Claim on behalf of B. J. Newton, for reinstatement to his former position with compensation for all time lost, including skill pay, with seniority and benefits unimpaired and any mention of this matter removed from his personal record, account Carrier violated the current Signalmen's Agreement, particularly Rule 47, when it issued the harsh and excessive discipline of dismissal against the Claimant without providing a fair and impartial investigation and without meeting its burden of proving the charges in connection with an investigation held on February 22, 2006. Carrier's File No.

K06056085. General Chairman's File No. 06-013-KCS-185. BRS

 FINDINGS:

 Case No. 13749-KCS."

 The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employee or employees involved in this dispute

 are respectively carrier and employee as approved June 21, 1934.

 the meaning of the Railway Labor Act,
 Form I Award No. 40952
 Page 2 Docket No. SG-40154
 11-3-NRAB-00003-070384

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




The Claimant was disciplined for his failure to provide the Carrier with records to support his testing of signal equipment. At the time of the charge, the Claimant had less than six years of service with the Carrier. His work history


a prior lengthy disciplinary suspension.

The record contains substantial evidence to support the Carrier's determination that the Claimant had repeatedly failed to provide the required documents on a timely basis. Moreover, the record does not provide any proper basis for disturbing the Carrier's disciplinary decision.








This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.



                      By Order of Third Division


Dated at Chicago, Illinois, this 24th day of March 2011.