PUBLIC LAW BOARD NO. 3241
In the Matter of:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES,

 and

 Organization,

 UNION PACIFIC RAILROAD COMPANY,

 Carrier.

 National Mediation Board

 Case No. 46
 Award No. 46

 Administrator

 Hearing Date: March 9, 1994
 Hearing Location: Sacramento, California
 Date of Award: March 2, 1995

 MEMBERS OF THE BOARD
Employes' Member: C. F. Foose
 Carrier Member: D. A. Ring
 Neutral Member: John B. LaRocco

 ORGANIZATION'S STATEMENT OF THE CLAIM
1. That the Carrier violated the current Agreement when it dismissed


2. That the Carrier reinstate Claimant to his former Carrier position


Public Law Board No. 3241 Page 1
 Case No. 46, Award No. 46

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 by an Agreement dated July 23, 1982; and that all parties were given due notice of the hearing held on this matter.

Claimant in this case is also the Claimant in Case No. 47 which this Board concurrently heard and considered with Case No. 46. In Award No. 47, we upheld the dismissal of Claimant for falsifying information on his employment application.

In this case, the Carrier charged Claimant with committing a Rule G violation and following a May 21, 1991 hearing, it dismissed Claimant from service.

Inasmuch as this Board affirmed Claimant's dismissal in Award No. 47, we could not afford Claimant any remedy even if we were to completely exonerate him of the Rule G violation herein.














                        . LaROCCO

                        Ntral Member