Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42286 Docket No. MW-42727 16-3-NRAB-00003-140412

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 three (3) year review period commencing on May 2, 2013] imposed upon Mr. D. Klecan by letter dated May 2, 2013 for alleged violation of MOWOR 1.1.2 Alert and Attentive and MOWOR 15.2 Protection by Track Bulletin Form B in connection with charges of alleged '. . . failure to ensure all men and equipment were in the clear before communicating to BNSF 6235 East to proceed at maximum authorized speed for Form B 5255, MP 253.1 - 262.8 on the Ottumwa Subdivision, while working as Foreman for SC58. ***' was without merit, excessive and on the basis of unproven charges (System File C-13-D040-24/10-13-0405 BNR).

(2) As a consequence of the violation referred to in Part (1) above, the

Carrier shall '. . . clear Mr. Klecan's personal record of this Level S, thirty (30) Day Record Suspension and the Three (3) Year Review Period.'"

FINDINGS:

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

Form 1 Award No. 42286

Page 2 Docket No. MW-42727

16-3-NRAB-00003-140412

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.

Distilled to its essence, the record evidence reveals that the Carrier met its burden of proof. The discipline assessed was appropriate under the circumstances. Accordingly, the claim lacks merit and must be denied.

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.