Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42273 Docket No. MW-42251 16-3-NRAB-00003-130095

The Third Division consisted of the regular members and in addition Referee Louis V. Imundo, Jr. when award was rendered.

(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference

PARTIES TO DISPUTE: (

(BNSF Railway Company

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The discipline [Level S thirty (30) day record suspension and a one

(1) year probation commencing February 23, 2010] imposed upon Mr. D. Lothrop by letter dated April 19, 2010 on charges that he failed to brief and notify train dispatcher that he had an HLCSequipped vehicle prior to obtaining Track & Time Authority Number 443-65 on the Lakeside Subdivision near station Babb at approximately 1322 hours on February 11, 2010, while working as track inspector and the alleged violation of MOWOR 6.50.5 Hyrail Limits Compliance System (HLCS) was arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System File S-P-1514-C/11-10-0407 BNR).

(2) As a consequence of the violation referred to in Part (1) above, Claimant D. Lothrop shall now receive the remedy prescribed by the parties in Rule 40G."

FINDINGS:

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

Form 1 Award No. 42273

Page 2 Docket No. MW-42251

16-3-NRAB-00003-130095

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

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

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

The record evidence does not support the Organization's argument that the Claimant was not properly trained. The Claimant failed to conduct the required job briefing. Given the foregoing conclusions, the Board has no choice but to deny the claim.

AWARD

Claim denied.

ORDER

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

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 21st day of April 2016.