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: February 16, 2005


STATEMENT OF CLAIM:
      1. The discipline of a Level 3 (5 day suspension) imposed upon Robert V. Ingram

          for an alleged violation of Union Pacific Rule 41.1 and Chief Engineers Bulletin

          Instruction 136.4.2 in not lining, locking out and tagging out a switch on

          September 11, 2003 was unwarranted, arbitrary and on the basis of unproven

          charges.


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

          be compensated for all lost time and his record cleared of all charges.


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 Organization has indicated its desire to withdraw this claim from further consideration. Accordingly, the claim must be dismissed.
                                                PCB IP30a A~d l03


                          AWARD


      Claim dismissed.


                    Martin H. Malin, Chairman


D. A. Ring, D. . artholomay,
 Carrier Member Employee Member

                Dated at Chicago, Illinois, March 28, 2005


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