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 Mr. C. Dockett was issued a Level 3 disciplinary assessment for

          his alleged failure to properly provide track protection for Tie Gang 9064.


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

          Dockett shall have the disciplined 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.

                        P LB


AWARD

Claim dismissed.

                    Martin H. Malin, Chairman


D. A. Ring D. . artholomay
Carrier Member
          ~~'` ~~' Emp oyee Member la'" J~


      Dated at Chicago, Illinois, December 6, 2007