PUBLIC LAW BOARD NO. 6302
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
Case No.
107
and )
Award No.
112
UNION PACIFIC RAILROAD COMPANY )
Martin 11. Malin, Chairman & Neutral Member
D. D. BarthoIomay, Employee Member
D. A. Ring, Carrier Member
Hearing Date: June 4,
2007
STATEMENT OF CLAIM:
(1) The Carrier violated the terms and provisions of the current Collective Bargaining
Agreement when on June
7, 2006
Claimant S. Pfel was issued a letter advising
him that he was being dismissed from service for a violation of Rule
1.6(7)
of the
General Code of Operating Rules in connection with his harassing remarks of a
sexual nature made to another employee.
(2)
As a consequence of the violation referred to in Part (1) above, Claimant S. Pfel
shall have the Level 5 discipline assessment expunged from his record, he shall be
returned to service with all rights restored unimpaired immediately and be
compensated for all lost time.
Public Law Board No.
6302
upon the whole record and all of 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 appears that the instant claim was resolved on the property. Accordingly, this claim is
moot and must be dismissed.
AWARD
Claim dismissed.
Martin H. Malin, Chairman
D. A. Ring D. arthoIomay
Carrier Members ~ ` - 0 Employee Member
Dated at Chicago, Illinois, December 6, 2007
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