PUBLIC LAW BOARD NO. 3241
In the Matter of: ) National Mediation Board
Administrator
BROTHERHOOD OF MAINTENANCE OF )
WAY EMPLOYES, )
Organization, )
and )
UNION PACIFIC RAILROAD COMPANY ) Case No. 67
(former Western Pacific Railroad), ) Award No. 67
Carrier. )
Hearing Date: November 18, 1997
Hearing Location: Sacramento, California
Date of Award: February 5, 1998
MEMBERS OF THE BO
Employes' Member: Rick Wehrli
Carrier Member: D. A. Ring
Neutral Member: John B. LaRocco
ORGANIZATION'S STATEMENT OF THE CLAIM
I. That the Carrier violated the provisions of the current Agreement
when it assessed a Level 2 Discipline to Track Laborer J. C.
Almengor. Said action being excessive, unduly harsh and in abuse of
discretion.
2. That the Carrier now rescind Claimant's Level 2 Discipline, that it be
removed from his personal record, and that he be compensated net
wage loss and mileage expense incurred for his attendance at his
formal investigation. (950377)
r
Public Law Board No. 3241 Page 1
Case No. 67, Award No. 67
OPINION OF THE BOARD
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.
The Carrier assessed Claimant
a
Level 2 Upgrade for allegedly sleeping while on duty.
Subsequent to the imposition ofdiscipline and Claimant's appeal therefrom, Claimant resigned from
service. In his resignation, Claimant surrendered all his rights arising out of his employment
relationship with the Carrier. As a result, Claimant relinquished his right to appeal the discipline in
this case.
Therefore, the Board finds that Grievant's claim is moot and thus, it must be dismissed.
Employces' Member Carrier Me her
John B. LaRocCo
Neutral Member