BgARD NO
PARTIES TO D?SP
Brotherhood of Locomotive Engineers

 - and-

 Burlington Northern-Santa Fe Railway

 FINDINGS:
OF CLAIM:
That Engineer S.E. Cousinenu's discipline be reversed, that he be-made whale far any and all time lost, and that the notation on his personal record as a result of this-incident be removed.

 AWARD NO. 13 CASE NO. 13

 This Public Law Board No. 6284 finds that the parties herein are Carrier and Employee, within the meaning of the Railway Labor Act, as amended, and that

 this Board has jurisdiction.

 The Claimant, Engineer S. Cousineau, was notified by Carrier letter dated May 19, 1.998 that he was found responsible for violation of rules 6.3 and 14.1 of the General Code of Operating Rules and as a result was assessed a Level S

 thirty day actual suspension as follows:

 This letter will confirm that as a result of formal investigation an May 11, 1998, concern ing your occupying main track at Lllensberg Washington with proper authority, while working as engineer on train UFTLPOMI-I6, you are issued a Level S Suspension of thirty days for violation of rules 6.3 and 14.1 of the General Code of Operating Rules. Additionally, you have been assigned a probation period of three years. If you commit another serious rule violation during the tenure of this probation period, you will be subject to dismissal.

 Your suspension will commence on April 19, 1998. Any scheduled vacation, leave of absence, or furlough during this time will extend your suspension by the corresponding number of days that fall within the suspension period. You will be reinstated to service on May 19. 1998.



The discipline was appealed by the Organization, and is now properly progressed to this Board for adjudication.

 No basis exists to set aside the discipline as to the procedural contentions made by the Organization in this case.

 On April 18, 1998, Mr. Cousineau was called to duty to operate Train UPTLPOMl-16 in freight service. Prior to operating Train UFTLPOMl-16, the Claimant reported to Pasco, WA, and received by electronic transmission Track Warrant Form Number 412, which contained Item 16 identifying the track bulletins in effect at the time. Upon arrival at Ellensburg to receive Train UFTLPOM1-16, the Claimant received by electronic transmission Track Warrant 417. The electronic transmission of this warrant was addressed to Train UFTLPOM1. However, the actual track warrant identifies the user by engine number. This particular warrant was addressed to engine number BNSF 9784. After initiating movement of the train, the Conductor noted that the train's engine number was actually BNSF 97_94. At this point the Claimant and his Conductor were still within restricted yard limits and maintained their authority to be on the main track just by virtue of moving the train at restricted speed. Approaching TWC territory the Conductor contacted the dispatcher in order to change the track warrant and have it reissued with the correct engine number. Mr. Cousineau testified in part as follows as to the first contact with the dispatcher.





















- ever responded.










Claimant continued with his train outside of yard limits and into TWC territory
 r
 in order to clear up two public crossings his train was blocking and then
 stopped the train at MP 125, which was just inside of TWC territory. He then
 was able to contact the dispatcher a second time. The crew was thereafter
 issued a corrected warrant, identifying engine 9794, and the train proceeded to
 Pomona, WA. Upon hearing that the Claimant's train was in TWC territory when
 he received the corrected warrant, local Carrier officers removed him from
 service pending a formal investigation for allegedly occupying the main track
 without proper authority.

 On BNSF there is no place on the actual track warrant that identifies the train symbol., and the rule as written requires an engine number identification. The electronic transmission "cover sheet" or cover heading was in fact addressed to the train symbol. The cover heading, however, is not part of theauthorizing document for TWC territory. The reason that the symbol is not used is because it is not necessarily unique to one train. Train symbols are only used to designate the type of train and the route it will travel. For example in the instant claim, the cover heading was addressed to UFTLPOMI. This symbol designates a Unit train traveling from Fort Lewis to Pomona WA. During all radio transmissions to the dispatcher, other trains and employees including Maintenance of Way personnel, the crews are required to identify themselves by the engine number not by symbol. No two engine numbers are the same and this. is the safest way to maintain exact identification.

 Substantial evidence of record supports the Carrier's determination that the craw in question allowed their train to occupy main line track without proper paperwork or authority. Mr. Cousineau and his crew should have stopped their train before entering TWC territory, having discovered the typographical error. Appropriate corrective discipline was in order. And a ten calendar day actual suspension is a heavy economic burden on an individual and appropriate to serve as a corrective disciplinary measure under the specific facts of this particular case. The track warrant was addressed to the correct computerized train symbol, and the warrant contained the correct date and time, as well as the correct dispatcher. The crew knew they had the correct train. The dispatcher was notified immediately upon discovery of the typographical error. No public safety concerns were in fact evident in the record before this Board. All parties knew there were no other trains in the area. Road Foreman Furey testified
A. No, I don't believe so.

 We find that the discipline of a thirty day actual suspension to be excessive and the discipline shall be reduced to a ten day actual suspension. The three year probationary period must be removed from the Claimant's record.

 AWARD


The Carrier is required to comply with this

 award within thirty days.

 Employee Member

 Dated:- ~-~

 Chairmanvan Neutral tuber