NATIONAL MEDIATION BOARD VUBLLCLAW BOARD N(>. ?#)48 SWARD No. 87, (Case No. 87)
BROL'IIERII()OB OF MAINTENANCE OF WAY
 EMPLOYES DIVISION - IBT RAIL CONFERENCE

 BNSF RAILWAY COMPANY

 William R_ 1lillrr. Chairman & Neutral Member
 Samantha Rogers. Carrier Member
 David I). Tanner, Irnployee Member

 STATEMENT ()F CLAIM:

 "Claim of the System Comittee of the Brotherhood that:

 The Carrier violated the Agreement commencing.lanuarry 19, 2(111, when Claimant, Brian Bruce (6532774), was Dismissed for violence in the workplace with employees on November 22, 2010. 'L°he Carrier alleged violation of VIOWOR 1.6 Conduct.

 As a consequence of the violation referred to in part I the Carrier shall remove from the Claimant's record this discipline and he tie reinstated with seniority, vacation, all rights unimpaired and pay for wage loss commencing when Claimant was withheld from serv=ice and continuing forward andlor otherwise made whole." (Carrier File No. 14-l 1-0087) (Organization File Rio. l60-13A2-Itl5.CA.At)

 2.

 FtNDINCS:

 Public Law Board Into. 7048, upon the whole record and all the evidence, finds and holds that lxmplrsyee anti C'trrric,r arc. employee and carrier within the meaning of the Railway Labor Act. as amended; arid that the Board has Jurisdiction aver the dispute herein: and that the parties t« the: dispute have participated in accordance to the Agreement that established the Board.

 <)n December ?. 2010, Claimant was directed to attend a t«rrr~al Investioati«n «o December 1), ?Etl(), whsch was mutually postponed until January 19, 2011, conceminp, in pertinent part the 1`61lowins, charge:

 the purpose of ascertaining the facts and determining your rcsponsibilitv,

 if anv, in connection with your alleged violence in the work pyre with employees on M<>nclav, November 22, 2010, while working ax a Track supervisor on the Gallup Subdivision.
 P.L.t3. Nor. 71148
 <luard .N' 4). 87, Case No. 87
 Page 2


On February I I. ?()1 1. Clairnant was non licd that he had been IMlnd guittv as charged and leas dismissed fromsci-vicc.

 This is the second in a series of two dismissal cases betore the Board involving the same Claimant. The skillful arguments of the respective parties need not he: reiterated in this instance Gas the question ofCtaimant's alleged guilt has become academic because in Award No, tier this Board found that Carrier's decision to dismiss C'laimant was appropriate. -t heretore, the Board linds and holds that the dismissal in Award No. 86 cannot be overridden arid the issue raised in the instant case is no" moot, thus, the claim is dismissed. I towrvrr, w°e would add that a rcvicw of the transcript and record substantiated that the Carrier met its burden of proof that Claimant was guilty as charged.

 AWARD
Claim dismissed.

 Wilhan n . Miller, Chairman Neutral Mcniber

 Samantha Rogers. Catric~rrnber

 Award Date:
CJ i
David I). `Manner, Employee Mcmhcr