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

                                      )


Martin H. Malin, Chairman & Neutral Member

D. D. Bartholomay, 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(2), 1.5

          and 90.1 of the General Code of Operating Rules in connection with his pleading

          guilty to a Class C felony, possession of a controlled substance.


      (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 inunediately and be

          compensated for all lost time.


FINDINGS:
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.

lAOrt . V2

. A~`erZMg ~.
 Carrier Member f

 Dated at Chicago, Illinois, December 6, 2007

 Martin H. Malin, Chairman

 *D)awUrtholom~ayo
 E I I '~' t

mpiee Member 07