PUBLIC LAW BOARD NO. 6302
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
Case No. 74
and )
Award No. 65
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