PUBLIC LAW BOARD
6302
NMB NO. 185
AWARD NO.
181
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PARTIES TO DISPUTE
CARRIER Carrier's File
Union Pacific Railroad 1522913
AND
ORGANIZATION System File
Brotherhood of Maintenance of Way Employees D-09480-208
Division of International Brotherhood of Teamsters
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STATEMENT OF CLAIM
1. The dismissal of Extra Gang Foreman Bryan Jones for violation of General Code
of Operating Rules (GCOR) Rules 1.6 (Conduct) and Rule 1.2.5 (Reporting) in
connection with a personal injury sustained on April 27, 2009 and reported on April 29,
2009 is unjust, unwarranted, based on unproven charges and in violation of the
Agreement.
2. As a consequence of the violation referred to in Part 1 above, the Level 5
dismissal shall be reversed and Mr. Jones shall be made whole as of there had been no
discipline issued and no dismissal from service. His record shall be expunged of any
mention of this discipline matter and he shall be paid for all hours that he would have
worked absent the suspension, including overtime.
FINDINGS
Public Law Board No. 6302, 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.
[1]
PLB NO. 6302
AWARD NO. 181
DISPOSITION OF CLAIM
Subsequent to the Board hearing this case, the Board was notified by the Parties that
the Claimant had resigned his employment with the Carrier. Consequently, we find in
light of Claimant's resignation, this claim to be moot and, accordingly, we rule to dismiss
the subject claim in its entirety.
AWARD
Claim Dismissed
George and La Key
Neutral Me9ber & Chairman
g,w"~
B. W. Hanq ist
Carrier Member
.T. W. reke
Emplo ee Member
Chicago, Illinois
Date 102 S-