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 Agreement was violated when Carrier terminated the seniority of T. Lee

          pursuant to Rule 48(k) because of absenteeism without authority between March 1

          through March 7, 2003. (System File J-03458-55/1361178).


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

          reinstated to service with seniority and all other rights unimpaired and

          compensated for all time lost.


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.

                                                ~~8 b3oa. ~Awd l05


                        AWARD


      Claim dismissed.


                    Martin H. Malin, Chairman


D. A. Ring, Dft)~Ftholomay,
Carrier Member Employee Member

            ( Da d at Chicago, Illinois, March 28, 2005