BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
and )
UNION PACIFIC RAILROAD COMPANY )

Martin H. Malin, Chairman & Neutral Member

D. D. Bartholomay, Employee Member

C. M. Will, Carrier Member


                    Hearing Date: June 25, 2002


STATEMENT OF CLAIM:

      1. The dismissal of Welder Helper R. Ali for his alleged violation of Union Pacific

          Rules - Conduct, 1.7 - Altercation and 1.14 - Reporting and Complying with

          Instructions on November 8 and 9, 1999 was without just and sufficient cause,

          based on an unproven charge and in violation of the Agreement. (Carrier's File

          121718-D CEM).


      2. Welder Helper R. Ali shall now be reinstated to service with seniority unimpaired,

          and compensated for all straight time and overtime he was deprived of as well as

          any vacation and insurance benefits lost.


FINDINGS:

 Public Law Board No. 6402, upon the whole record and all the evidence, finds and holds that Employee and Carrier are employee and carrier within the meaning of the Railway Labor Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties to the dispute were given due notice of the hearing thereon and did participate therein.

 It has come to the Board's attention that this matter has been resolved by an agreement and release executed by Claimant on December 19, 2002. Accordingly, this claim must be disfnissed as moot.
 AWARD

 Claim dismissed.

 C. M. Will,
 Carrier Member

 Dated at Chicago, lllinois, January 21, 2003.

 (Martin H. Malin, C

 D. . artholomay, Employee Member

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