NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD NO. 6986

AWARD # 1 CASE # I














1. The Carrier violated the Agreement on November 29, 2005, when
 Claimant Jack S. Gillpatrick was dismissed for violation of Maintenance of
 Way Operating Rules 1.6 - Conduct and Maintenance of Way Operating
 Rule 1.13 - Reporting and Complying with Instruction.

 2. As a consequence of the Carrier's violation referred to in part (1) above,
 the Claimant should be returned to service, paid for all lost time, and these
 charges removed from Claimant's personal record.
 Carrier File No. 12-06-0008
 Organization File No. B-3039-1

                    FINDINGS


A review of the transcript of the Investigation held on November 21, 2005 notes that the Claimant was notified to attend the Investigation ".. . for the purpose of ascertaining the facts and determining your responsibility, if any, in connection with your alleged failure to comply with Burlington Northern Santa Fe MOW Operating Rule 1.6 Conduct and 1.13 Reporting and Complying with Instructions, when you allegedly made a purchase with BNSF Visa Procurement Card for personal use on October 16, 2005.

                        1

PLl3 No. 6986 Award No. I

 The Board has reviewed the entire file in regards to this claim and it is evident that the Carrier has met their burden of proof in this matter. The Claimant during the Investigation admitted that he had misused the Company VISA Card and offered to reimburse the Carrier.

 As previously indicated there is no question regarding the Claimant's guilt. The question before this board is should the Claimant have been terminated for his rule violations?

 Based on the facts before this Board in this particular case the Carrier was well within their rights when they choose to discharge the Claimant.

 AWARD
Claim denied in accordance with the findings.

 Don A. Hampton, Chairman & Neutril Member

 R.C. Sandlin
 Organization Member

 DATED: ;`31~ CC
2

lCt=C

Samantha Roger

Carrier Member