(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Burlington Northern Santa Fe Railroad (Former (ATSF Railway Company)

 STATEMENT OF C!
      1. The Carrier violated the Agreement when Claimant A. Vigil (1235720)

          was issued a Level S 30-day Record Suspension with a one year

          probation period for violation of Rules 1.6 - Conduct and Rule 1.25 -

          Credit or Property, Engineering Instructions. It was claimed that Mr.

          Vigil used company credit to pay for a hotel room when he was not

          performing any work on July ?, 2008, while a Switch Maintenance

          Gang Foreman. The Claimant should be paid for all wages lost and

          made whole commencing August 22, 2008 and continuing forward

          until returned to work. The discipline was excessive.


      2. As a consequence of the violation referred to in part 1 the Carrier

shall immediately correct the Claimants discipline records and make
 Claimants whole for all time lost.
 FINDINGS
 Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.

      This is the third of four Investigations wherein Claimant is the principle.

This case is akin to Case 362 - using the Company credit card for personal reasons.
 There is no need to get into the details. Claimant was dismissed for using the company's credit for personal use in Case 362. The Board upheld the dismissal. This issue is now moot.
          PLB NO. 5850


Page 2 Award No.

                                              Case No. 363


                        AWARD


      Claim denied.


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

 Robert L. Hicks, Chairman & N utra Member

          r -

David D. Tanner, For the Employees Glenn W. Cau hron, For the V ~*er

 Dated; 1-11111-11-2- 19 IP