STATEMENT OF CLAIM (verbatim)

(Carrier File No. 35 05 000 1)

(BRS File No. 04-099-BNSF-133-T)


"(a) Carrier violated the current Signalman's Agreement particularly Rule 54, when it wrongfully and inappropriately dismissed Mr. Collins lI from service on August 31, 2004. Mr. Collins II was denied the right to a fair and impartial investigation on August 6, 2004 and as a result was fired although the Carrier failed to providelburden of proof to warrant his dismissal.

 (b) Carrier should now be required to reinstate Mr. Collins II 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."

On July 23, 2004 the Carrier sent two(2) notices of Investigation to the Claimant instructing him to attend two (2) separate
 Public Law Board No. 6516
 Case # 24 Award # 24
 Page 2

 Investigations. Both Investigations concerned a vehicle accident which occurred on July 16, 2004. In the instant case the Claimant
was ~iia~ycu w4h violation ~i aluic i~.j vii Lit IVIa111tG11a11UG Ui
 Way Safety Rules.

 The Board has been advised that the Claimant has obtained a settlement and resigned. Therefore the claim is dismissed.

Claim dismissed in accordance with the findings.

      Don A. Hampton, Chairman & Neutral Member


Charlie A. Mc raw William A. Osborn
 Organization Member Carrier Member

 DATED:, /3 ,~-o~,h