Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43680 Docket No. MW-44614 19-3-NRAB-00003-180018

The Third Division consisted of the regular members and in addition Referee Patricia T. Bittel 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 or the Brotherhood that:

1) The discipline (standard formal reprimand) imposed upon Sectionman R. Axtman by letter dated April 26, 2016 for alleged violationof EIG.5.3 and ESR S-28.2.5inconnectionwithhisalleged improperpossessionofsignalequipment/materialswasonthebasis of unproven charges, arbitrary, excessive and in violation of the Agreement (System File T-D-4980-E/11-16-0354 BNR).

2) As a consequence of the violation referred to in Part (1) above, Claimant R. Axtman shall have the discipline removed from his record and be made whole for all losses including overtime and all benefits."

FINDINGS:

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 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.

Form 1 Award No. 43680

Page 2 Docket No. MW-44614

19-3-NRAB-00003-180018

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

The carrier charged the Claimant Axtman with involvement in improper possession of signal equipment/materials removed from BNSF property in the rail yard at Rugby, ND. The Organization alleged the Carrier failed to meet the deadlines for issuing the Notice of Investigation. It further assets the Carrier failed to meet its burden of proof.

Insofar as this case was moot at the time of hearing, it is dismissed.

AWARD

Claim dismissed.

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 18th day of June 2019.