C:\DOCUME~1\Garyk\APPLIC~1\Caere\OmniPage\Temp\ex113.tmp

NATIONAL :MEDIATION BOARD

PUBLIC LAW BOARD NO. 6302

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
)Case No. 118
and )
Award No. 117
UNION PACIFIC RAILROAD COMPANY )

Martin H. Malin, Chainnan & 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 Mr. S. Purcell was issued a Level 3 disciplinary assessment for

failure to properly restore a switch to its normal locked position.

(2) As a consequence of the violation referred to in Part (1) above, Claimant S.

Purcell shall have the letter expunged from his record and be compensated for all

time lost.

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.

I 117
AWARD

Claim dismissed.

ko-K
D. A. Ring r 'D~ . artholomay~
Carrier Member ~ a ~ ~- ~ ~ E mplo ee Member ~'~ `~

Dated at Clicago, Illin ' , ecember 6, ?007

2

I 117 AWARD Claim dismissed. ko-K D. A. Ring r 'D~ . artholomay~ Carrier Member ~ a ~ ~- ~ ~ E mplo ee Member ~'~ `~ Dated at Clicago, Illin ' , ecember 6, ?007 2

I 117

ko-K

I 117
AWARD

Claim dismissed.

ko-K
D. A. Ring r 'D~ . artholomay~
Carrier Member ~ a ~ ~- ~ ~ E mplo ee Member ~'~ `~

Dated at Clicago, Illin ' , ecember 6, ?007

2