Parties to Dispute: )

 )
 BROTHERHOOD OF MAINTENANCE ) Case No. 32
 OF WAY EMPLOYES DIVISION, ) Award No. .32
 INTERNATIONAL BROTHERHOOD OF )
 TEAMSTERS, )




BURLINGTON NORTHERN SANTA FE )
 RAILWAY. )
 Carrier, )







            Organization Members: R. B. Wehrli and Donald F. Griffin

            Carrier Members: Kenneth Gradia and John Hennecke

            Neutral Member: John B, LaRocco


              EMPLOYES' STATEMENT OF CLAIM


1. Did the Carrier violate the provisions of the Agreement dated February 7, 1965, as
      amended September 26, 1996, (Feb 7`I` Agreement) particularly Article II, Section 1,

      as alnendeu lay the patties June 10, 1999, when it suspendcd Claimant J .D. Butcher's

      protection benefit entitlement for March 6, 2006?


2. If the answer to 1 is "yes" is the Carrier required to allow Claimant a compensation
      benefit totaling $128.40 for March 6, 2000, pursuant to Article IV, Section 1?


                CARRIER'S QUESTION AT ISSUE


1. Did J.D. Butcher fail to retain or obtain a position available to him in the exercise of
      his seniority rights in accordance with existing rules or agreements?


Req/SPOA 1087 No 28
 SBA No. 1087; Award No. .32 Page 1
 13MWE and BNSFR
 OPINION OF THE BOARD

This Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employe within the meaning of the Railway Labor Act as amended; that this Board has jurisdiction over the parties and the subject matter of the dispute herein; that this Board is duly constituted according to the 1996 Mediation (National) Agreement and as specified in the National Mediation Board appointment letter dated August 18, 2004; and that all parties were given due notice of the hearing held on this matter.


    The parties settled the claim on the property which renders moot the


Organization's and Carrier's Questions at Issue. Accordingly, the Board dismisses this

 claim.

                  AWARD AND ORDER


      1, The Employee's claim is dismissed.


    2. The Carrier's Question at Issue is moot


DATED: March 14, 2007

    C ., -C~ U._. _ _,

    R. B. Wehrli Kenneth 6radia

    Organization Member Carrier Member


      Dory ld F. Griffin ~~ John Henneclce

      Organization Memb~r / Carrier Member


                    r


            /' John B. aRocco

                    Neutral Member