"Carrier violated the Signalmen's Agreement particularly Rule 54, when it wrongfully and inappropriately dismissed Mr. Wells from service on June 1, 2004. Mr. Wells was denied the right to a fair and investigation on May 17, 2004 and as a result was fired although the Carrier failed to provide burden of proof to warrant his dismissal.

 Carrier should now be required to reinstate Mr. Wells immediately and compensate him for 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 May 11, 2004 Claimant was "...ordered to
 Public Law Board No. 6516
 Case # 21 Award-# 21
 Page 2
attend an investigation in the conference room of the BNSF Amarillo office located at 320 South Polk Street Suite 500 Amarillo, Texas. This investigation is scheduled for 10:00 Monday, May 17, 2004 to ascertain the facts and determine your responsibility if any, in connection with your alleged failure to comply with Maintenance of Way rule 1.6 Conduct and Maintenance of Way rule 1.13 Failure to comply with instructions."

 Subsequent to the investigation the Claimant was notified by letter dated June 1, 2004 that he was "...dismissed for Violation of MWOR Rule 1.6 when you lied to the HR representatives and your Foreman and MWOR rule 1.13 failure to comply with instructions while employed as Assistant Signalman."

 initially we would note the Organization challenges the adequacy of the Carrier's Notice of Investigation. While the Notice may have been somewhat lacking the file reveals that the Claimant was well aware of why the Investigation was being conducted. The Organization also contends that the Claimant did not receive a fair
investigation. i he record however remects otherwise.
 The Carrier has substantiated the Claimant's guilt;

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 Public Law Board No. 6516
 Case # 21 Award # 21
 Page 3

Claim denied.

      Don A. Hampton, Chairman & utral Member


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 Charlie A. McGra Ronald O. Naylor
 Organization Member Carrier Member

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