PUBLIC LAW BOARD N0.
2699
PARTIES
Brotherhood of Maintenance of 'day Employes
DIMTE: and
Union Pacific Railroad Company
STATEMENT Claim in behalf of Section Foreman J. B. Martinez,
.: dyoming Division, for removal of discipline and
pay for time lost between May
25
and July
25, 1979
in connection with alleged responsibility for
derailment of Rosebud Spur, April
27, 1979.
FINDINGS: By reason of the Agreement entered into by and between
the parties on August
31, 1978,
and upon all the
evidence and the whole record, the Board finds that the parties
are employes and carrier respectively as defined in the Railway
Labor Act, as amended, and that it has jurisdiction.
After an investigation held on May
9, 1979,
the
Division Engineer on May
24, 1979
dismissed Claimant from service
of the Carrier. 'Employes presented a claim for reinstatement
and for loss of earnings in a letter dated July
5, 1979. On
July 24, 1979,
the Division Engineer wrote to the then Assistant
General Chairman, R. D. Hardesty that the Carrier is agreeable
for reinstating Mr. Martinez on a leniency basis with no pay for
lost time, but with seniority and vacation rights unimpaired.
Mr. Martinez should promptly arrange to report to Section
2144
to accept his former duties'. Claimant returned to work and
was reinstated on
July 25, 1979.
By letter dated July
30, 1979
Mr. Hardesty rejected the proposal made by the Division Engineer
on July
24, 1979.
In that letter Mr. Hardesty wrote:
I assume by your letter, the second part,
whereas we can work on the claim was not
declined and Mr. Martinez returned to
work
7-25-79.
Pward No. 4
Case No.
6
page 2
These facts are comparable to those in Case go.
5.
Here, too, there is no validity to an assumption that the claim
for lost earnings remains before this Board after Claimant was
reinstated as an employe of the Carrier. The Division Engineer's
letter of July 24, 1979, is unmistakably clear.
The findings in Award No.
3
are applicable here and
are affirmed. For all of the reasons stated in said Award No.
3,
the Board finds that the claim was settled in full when the Claimant--return to work on July 25, 1979. There is, therefore, no valid
claim before this Board.
Claim dismissed.
AdARD
D hairman and Neutral Member
~ S,ier Member
DATED:
.u~a.
r, i , rnp oy Member