Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13256
Docket No. 12946
98-2-94-2-97
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(International Association of Machinists and
( Aerospace Workers, AFL-CIO
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"DISPUTE - CLAIM OF EMPLOYEES
1. That the Union Pacific Railroad Company violated Rule 32
of the current Controlling Agreement between the International
Association of Machinists and Aerospace Workers, and the Missouri
Pacific Railroad Company, dated June 1, 1960, subsequently revised and
amended, when on December 15, 1993, Machinist K. J. Straub (hereinafter
referred to as claimant) was assessed with fifteen (15) days deferred
suspension as a result of investigation held on November 16, 1993.
2. That the Carrier expunge the assessed discipline and remove
from Claimant's personal record file all information pertaining to this
dispute."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Form 1 Award No. 13256
Page 2 Docket No. 12946
98-2-94-2-97
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Following an investigative Hearing, the Claimant was assessed a 15-day deferred
suspension. The Board is advised that the Claimant is now deceased; further, the Board
has no information as to whether the Claimant was required to serve the suspension
because of some later disciplinary offense.
Under these circumstances, the Board finds the claim moot. In so finding, the
Board takes no position as to the merit of the claim.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimantls) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 18th day of May 1998.