NMB Subject Code 119


                PUBLIC LAW BOARD NO. 1582


PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
 TO )
 DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM:

 1. Carrier's decision to remove former Texas Division B&B Foreman
 R. D. Taylor from service, effective February 1, 1989 was unjust.

 Accordingly, Carrier should be required to reinstate Claimant Taylor to service with his seniority rights unimpaired and compensate him for all wages lost from February 1, 1989.

 FINDINGS: This Public Law Board No. 1582 finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was dismissed from the service of the Carrier, but as in the previous case, he has retired, and the issue before the Board is moot.

 AWARD: Claim dismissed.

                              Preston (J/ Moore, Chairman


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                                Ll 9, 2

                              Union Member'


                              Carrier Member