(Brotherhood of Maintenance of Way Employes
PARTIES TQ= PUT
(The Burlington Northern Santa Fe Railroad

SSTA_TEMENT OF CLAIM :

      1. The Carrier issued a thirty (30j day suspension of Mr R. Reyes from service

          for alleged improper and unauthorized use of Company communications and

          alleged violation of Carrier Rules 1.6, 1.9, 1.13, 1.19, 2.1, 2.2, 2.4, 2.5, 2.9,

          2.10, 2.11 and 2.17 of the Carrier Maintenance of Way Operating Rules and

          Safety Rules S-1.4.2, S-28.6, S-28.6.1, S-28.9, S-28.13 and S-28.18 of the

          Carrier Safety Rules violated Rule 13 and Appendix No. 11 of the current

          Agreement

      2. As a consequence of the Carrier's violation referred to above, Claimant's

    seniority shall be restored, he shall be paid for all wages lost and discipline

    shall be removed front his record.

    NGS

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 duiy 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.
There is no controversy in this dispute. Claimant readily admitted he violated the Rules when on a day he was off, he used the company radio for his own benefit by shouting emergency when there was none, and for unauthorized use of the company radio.
With no controversy, the only thing left for this Board is to determine if the 30 day assessment of discipline was appropriate. It was.

                          AWARQ


      Claim denied.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award

                  J

                  l~ g w') ..5'51D

Page 2 Award No. S7
Case No. 85
favorable to the Claimant(s) not be made.

              Robert L. Hicks, Chairman & Neutral Member


                                      i r


Rick 8. ehr!i, Labor Member 'f omas NI. Rohling, Carrier Vier er

Dated: