NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD 6516

CASE # 19 AWARD # 19

Don A. Hampton, Chairman & Neutral Member












"Carrier violated the Signalmen's Agreement particularly Rule 54 when Mr. Kimberling was denied a fair and impartial investigation and the Carrier issued excessive discipline on March 2, 2004 resulting in his dismissal from employment.

 Carrier should now be required to reinstate Mr. Kimberling immediately and compensate him for all lost wages, including skill pay with all rights and benefits unimpaired and clear his personal record of this incident."

In a letter dated February 5, 2004 the Claimant was instructed "...to report to the BNSF Conference Room,
 Public Law Board No. 6516 Case # 19 Award # 19 n
 a was. r

 4515 Kansas Avenue, Kansas City, Kansas, at 10:00 CT,

 Fahn,arcr is ?nnd ,X.;+h ___*. ,.o_*.o~ar,+~*;.,o _~a~,... a v~ia.aa,a.aJ a n, ..vm, rraui ~vu.a LvravJLL1LC1.1.LVW CULUJVL
witness(es), if desired, for a formal investigation to ascertaining the facts and determining your responsibility, if in rnnnartinn tvitlh nnoaihla ~r;nl~+;~_ ^f Q;-1
 - .J, . v.a v.vu r,iu jrvv~avav rLVLU.uvll VL AJLLLCil
Instructions TP-103, TP-104, TP-382, and alleged falsification and completion of Signal Form 401, between September ?nn3 anil T)Pramiipr ?nn4 ac l~;crn~,arorl_,-;nor
 .-._~_-___~-.- ., a,.» ..,.w~ aavvl uvW , u W cavvvrvLVU ulllllLs
 audit of your switch reports on February 5, 2004."

 Subsequent to the inveRtioatinn the Cinirnant vrne nntifad by letter dated March 2, 2004 that he was dismissed from the service of the Carrier for violations substantiated during the formal investigation.

 A review of the voluminous record regarding this claim supports the Carrier's Actions and the Carrier has more than met their burden of proof. With the evidence at hand and the Claimant's past record the penalty is appropriate and the claim must be denied.

Claim denied in accordance with the findings.
 Public Law Board No. 6516 Case # 19 Award # 19 n

                      ~ W

      Don A. Hampton, Chairman & Neutral Member


Charlie A_ Mr._~'rraw ~nnal~_1 ll hTov~n,-
 Organization Member Carrier Member

 DATED: Ma-1 9 . !)O.
            11 H~