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: January 23, 2002


STATEMENT OF CLAIM:

      I . The discipline (Level 2) assessed Extra Gang Foreman S. Martinez, Jr. for his

          alleged unauthorized absence on Saturday, December 18, 1999 was without just

          and sufficient cause and based on unproven charges (System File W-0048

          155/1230867).


      2. Extra Gang Foreman S. Martinez, Jr. shall now have his record cleared of this

          incident.


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.

 The instant case is related to Case No. 25, Award No. 30. As noted in that award, Claimant failed to work mandatory overtime on December 18, 1999. The instant case challenges the discipline imposed for Claimant's alleged unauthorized absence on December 18.

      In Case No. 25, Award No. 30, we denied the claim challenging Claimant's dismissal for

PL 1B 6302 Awd 3I


dishonesty and failure to follow instructions resulting from his failure to remove per diem payments for December 18 and 19 from his payroll. In light of that award, the instant claim is moot and must be dismissed.

 AWARD

 Claim dismissed.

 Martin H. Malin, Chairman

& 6, 9~

D. A. Ring,
 Carrier Member

 D. artholomay,
 Emple Member

                              Dated at Chicago, Illinois, June 14, 2002.