BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
 Case No. 88 and

UNION PACIFIC RAILROAD COMPANY

Martin H. Malin, Chairman & Neutral Member

D. D. Bartholomay. Employee Member

B. W. Hanquist, Carrier Member




STATEMENT OF CLAIM:
          1. The Carrier erred when it unjustly- disciplined Mr. M. D. Favorite for his alleged violation of Union Pacific Rules 1.6 - Discourteous, quarrelsome and acting in a threatenin; manner on February 9, 2006.


      2). As a consequence of the violation in Part (1) above. the Claimant should have the

          Level 5 Discipline removed from his record and be compensated for all lost time

          beginnim, on February 9. 2006 and continuine until he is returned to service.


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.

 It appears that this matter was resolved on the property with Claimant and the Or=anization agreeing to a leniency reinstatement. Accordin uly°, the claim must be dismissed as moot.
                                          PL Z toy o :. R w~rG~


                        AWARD


    Claim dismissed.


                    Martin H. Malin, Chairman


B. W. Hanquist D. artholoma~,~
 Carrier Member Emplo Ie Member

                Dated at Chicago. Illinois. Fcbruar3 --7. 2007