"Carrier violated the Signalmen's Agreement, particularly Rule 54, when it wrongfully and inappropriately disciplined Mr. Nunez on November 5, 2003. Mr. Nunez was denied a fair and impartial investigation on October 24, 2003 and as a result was issued excessive and unwarranted discipline.

 Carrier should now be required to compensate Mr. Nunez 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 October 13, 2003 the Claimant was
 Public Law Board No. 6516
 Case # 20 Award # 20
 Page 2
Instructed to "Attend formal investigation to be held in the General Manager's office conference room #3, third floor, 4515 Kansas Avenue, Kansas City, Kansas, at 1000 hours, Friday, October 24, 2003, for the purpose of ascertaining the facts and determining your responsibility, if any, in connection with your alleged repeated violation of Rule 1.15 of the Maintenance of Way Operating Rules, in effect January 31, 1999, as revised on October 10, 2003."

 The Claimant was notified by letter dated November 5, 2003'' ...that as a result of formal investigation held on October 24, 2003, concerning your admitted violation of BNSF Maintenance of Way Operating Rule 1.15 at 0700 hours on October 10, 2003", at the BNSF Kansas City Region Operations Center and in consideration of your repeated violation of Maintenance of Way Operating Rule

 I 1L _ a i__ r_11____'..__ ~_._ _ !, 1 sn ra.~,
 1.1.) Vrt uic luliuwlrlg ualo5: uctooer 17, GVUG, April 16,
 2003, July 10, 2003 and August 6, 2003, you are issued a suspension of 30 days for violation of Rule 1.15 of the

 N if : ,4, _ FEEZ._.C~- ~ a._~-n__1__: _~_-a_I_
 iviaxiiicncun.c vl Way vpulailllg t~u1CJ 111 Cilela January 31, 1999, as revised. Additionally, you have been assigned a probation period of one year which will begin December 1 rl `)Ar12 99
 1 V, G.V 11J.

 We have reviewed the entire file regarding this claim and the~rc~ is nn ellnnnrt fnr tl1P rnntisn+inlw th.o+ tl-ea ('lni*,,.p,..f
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 Public Law Board No. 6516
 Case # 20 Award # 20
 Page 3

 denied a fair and impartial investigation. The facts are clear, the Claimant has habitually reported for duty late. The record reflects that the Claimant has been less than a stellar employee in the past and the discipline was appropriated and will not be set aside. The Claimant must realize that if his tardiness does not improve his employment is in jeopardy.

Claim denied.

                          i1


      Don A. Hampton, Chairman & Neutral Member


Charlie A. McGr w Ronald O.Naylor
 irganizatiun ivieriber Carrier Member

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