P RTIES TO I)LSPLITI'.
                  (The Burlington Northern Santa Fc Railroad


STATE-MFNT OF CLAIM
      1. That the Carrier's decision to issue a Level S Suspension for Eastern Region,

          Welder, Fred J. Villa from service for one-hundred and twenty 020) days was

          unjust.


      2. That the Carrier now rescind their decision and pay for all wage loss as a

          result of an Investigation held 1400 hrs, April 29, 1997 continuing forward

          and/or otherwise made whole, because the Carrier did not introduce

          substantial, credible evidence that proved that the Claimant violated the rules

          enumerated in their decision, and even if the Claimant violated the rules

          enumeratzd in the decision, suspension from service is extreme and harsh

          discipline under the circumstances.


      3. That the Carrier violated the Agreement particularly but not limited to Rule

13 and Appendix 11, because the Carrier did not introduce substantial,
 credible evidence that proved the Claimant violated the rules enumerated in
 their decision.
 FINDINGS
 Upon the whole record and all the evidence, the Board fmds 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 March 13, 1997, the Carrier wrote the following letter to the Claimant:

      "...Attend investigation...1300 hours on April 15, 1997 for the purpose of ascertaining the facts and deternuning your responsibility if any with your alleged violation of Rules 1.6, 1.15, 1.19 of the Maintenance of Way Operating Rules effective August 1, 1996 and Care of Property page 239 of Safety Rule and General Responsibilities for all employees effective March 1, 1997, when on March 14, 1997, at approximately 1400 hours you left company property without permission and at

191-.3 .u0 1 5 go
 Page 2 Award No. 41
                                                Case No. 41


      approximately 1530 took company van at 39929 without permission and used the van

      for personal business until approximately 1830 ...."

After an agreed to postponement, the Investigation was held on April 28, 1997, following which the Carrier assessed Claimant a 120 day suspension from service.
 There is no controversy. Claimant admitted fully his culpability for the charges assessed. The discipline was appropriate under the circumstances.

                          AWARD


      Claim denied.


                          ORDER

Ties 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 & Neutral Member


C. , oos ., Lab r 11 mber Gr Griffin, arrie'r ember

                                          M-_ Dated