ORGANIZATIONS STATEMENT OF THE CL"

1. That the Carrier violated the provisions of the current Agreement

when it assessed Mr.1. F. Anaya with a Level 2, Letter of Reprimand.

Said action being excessive, unduly harsh and in abuse of discretion.

2. That the Carrier now reinstate Claimant to his former Caaierposition

with seniority and all other rights restored unimpaired, with pay for

all loss suffered and his record cleared of all charges. (960193)

This Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier end 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 patties were given due notice of the hearing held on this matter.

The Carrier charged Claimant, a Laborer, with negligence which caused him to injure himself and with failure to timely report the alleged on duty injury. Following the investigation, the Carrier assessed Claimant a Level 1 Upgrade (Letter of Reprimand) for working in an unsafe manner. Evidently, the Carrier exonerated Claimant of the remaining charges.

-~ Subsequent to the imposition of discipline and Claimant's appeal therefrom, Claimant and the Carrier entered into a settlement agreement. Pursuant to the terms of this agreement, Claimant relinquished any and all rights arising out of his employment relationship with the Carrier and he severed this relationship. As a result, Claimant relinquished all right to appeal the discipline herein.

Therefore, the Board finds that this claim is moot and thus, it must be dismissed.

-66 alt.

Rick Wehrli

Employees' Member

0. 64"~ - -