PARTIES Brotherhood of Maintenance of Way Employes
and
DIMTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the Carrier violated the agreement when on
OF CLAIM .May 15, 1984, it removed Trackman W. A. Clark
from its service pending a hearing and further
violated said agreement when on July 13, 1984,
it permanently dismissed Mr. Clark without first
according him the benefits of a fair and impar
tial hearing as contemplated under the agreement,
said action being unjust and in abuse of discre
tion.
2. Claimant shall now be reinstated to the service
of Carrier with seniority and all other rights
restored unimpaired and with compensation for
all wage loss suffered."
FINDINGS

Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

The record indicates that claimant herein, Mr, Clark, was the subject of a claim, Award No. 141 of this Board. The decision in that award sustained Carrier's right to discharge Mr. Clark for falsification of his application for employment. In view of that determination, no useful purpose could be served by ruling on the merits of the claim herein since the issue is clearly moot. The claim, therefore, must be dismissed.

Claim dismissed as moot.
PLB-2774 - 2 - Award #142



C.~F.~Foose, Employee Member r M. Garmon, Carrier Member

Chicago, Illinois
February ~ , 1986