NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 6402
AWARD NO. 146, (Case No. 167)
BROTHERHOOD OF MAINTENANCE OF
DIVISION - HIT RAIL CONFERENCE
~OYES
UNION PACIFIC RAILROAD COMPANY (Former Missouri Pacific
Railroad Company)
William R. Miller, Chairman & Neutral Member
T. W. Kreke, Employee Member
B. W. Hanquist, Carrier Member
Hearing Date: August 17, 2010
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
I . The Level 5 discipline (permanent dismissal) imposed upon Foreman J.
Geigenmiller for violation of General Code of Operating Rules (GCOR)
Rule 1.6 (dishonesty) in connection with his alleged improper reporting
of time while employed as foreman on Gang 9799 on June 18 and 19, 2009
is based on unproven charges, unjust, unwarranted and excessive (System
File UP-222-WF-09/1521195D).
2. As a consequence of the violation outlined in Part (1) above, 'We are now
requesting that the charges be dropped and that Mr. Geigenmiller have his
personal record cleared of all charges. Also that he be reinstated with all
back pay, seniority and vacation rights unimpaired and all other rights due
to him by the collective bargaining agreement.' (Employees Exhibit 'A-3')."
FINDINGS:
Public Law Board No. 6402, 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.
This was the second in a series of two cases involving the same Claimant. Shortly before
the scheduled hearing of this case the parties settled the issue, therefore, the Board finds and
holds that because the issue is now moot, the case is dismissed.
P.1..8. No. 6402
Award No. 146, Case No. 16?
Page 2
AWARD
Claim dismissed.
William R. Miller, Chairman
B. W. Hanquist# Carer Member
Award Date:
TAW. Kreke/Cmployee Member