PARTIES Brotherhood of Maintenance of Way Employes
 _TO and
 DISPUTE The Atchison, Topeka and Santa Fe Railway Company

 STATEMENT "1. The Carrier's decision to dismiss Welder Helper,
 OF CLAIM Mr. F. S. Benolken, from its service for alleg
 edly being absence without proper authority,
 said action being without just and sufficent
 cause and in violation of the current Agree
 ment .
 The Carrier will now be required to restore
 Claimant to his former position with seniority
 and all other rights restored, unimpaired,
 with compensation for all wage loss suffered."

 FINDINSS

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 B9-456 and has jurisdiction of the parties and +;,e subject matter.


This dispute is a companion to that dealt with in Award No. 163 or this Board. It involves the very same circumstances as that in the earlier matter and the investigation in this case was held within two hours following the investigation alluded to in Award 163.



In view of the strange circumstance involving these disputes, the Board's conclusion in Award No. 163 iscontrolling for the entire matter. The dispute in this matter is moot under the circumstances and will not be dealt with further. Therefore, the claim must be dismissed.

 AWARD


I: M. Lieberman, Neutral-Chairman

 arm on, -_C. F. oose, -_
 Carrier Member Employee Member

 Chicago, Illinois

 March a3'. 198e