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

      1. The Carrier violated the Agreement when Claimant Preston Y.3z--,Ie

          (6544419) was issued a Level S 30-day Record Suspension with a

          one year probationary period for violation of Maintenance of Way

          Operating Rules 1.6 - Conduct, 1.9 - Respect of Railroad Company

          and Engineering Instructions 21.2 - Lodging Procedure--Showing

          Proper Conduct. The Claimant was arrested at Carrier lodging

          facility for involvement in a domestic altercation on July 28, 2008 in

          Seligman, Arizona. Mr. Yazzie should be paid for all wages lost and

          made whole commencing July 28, 2008 and continuing forward

          and/or otherwise made whole.


      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.


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.
 On Monday, July 28, 2008, a domestic dispute erupted. After police were called, they did take one of the combatants to jail.
 The one who went to jail was an employee of this Carrier and the lodging he was staying at was one of the facilities under contract with the Carrier to provide lodging for a BNSF employee staying there while working nearby.
 pLS NO. 5850

 Page 2

 Award No.
 Case No. 368

 The Carrier wrote Claimant on August 20, 2008, advising an Investigation was being established for the purpose of gathering facts regarding:

"...possible violation of Rule 1.6 and 1.9 of the Maintenance of Way Operating Rules, in effect October 31, 2004, as supplemented or amended, and rules 21.1 and 21.2 of the Engineering instructions, in effect November 1, 2404 as supplemented or amended concerning your alleged involvement in a domestic altercation while staying at company provided lodging at the Stagecoach 68 Motel in Seligman, AZ on July 28, 2008 at approximately 1:43 pm and your alleged falsifcation of payroll records on July 28, 200008 while employed as Foreman at Seligman, AZ on the Seligman Subdivision." There is no need to review the facts any further than to say Claimant's wife found Claimant in the room with another woman and all hell broke loose.

Only one employee at a time can stay in a room. The fighting between husband and wife took place in the hail of the hotel

There exists sufficient evidence of Claimant's culpability for the charges assessed. No lost time was assessed. The discipline is rather light, but Claimant has been employed since 1980 and has a fairly clear record.


                        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.

 Robert L.. Hicks, Chairman & Neu a1 Member

 David D. Tanner, For the Employees Dated: , ~_ _,~-

 - A. - -) //, d A, L4 Z

G enn W. Caughron, Far the ~ rrier