BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
 Case No. 89 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. A. A. Fox for his alleged

      violation of Union Pacific Rules 80.1 and 70.1 of the General Code of Operatim·

      Rules and SSI Item 17 when he sustained an injury to his knee on January 16,

      006.


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

          Level 3 Discipline removed from his record and be compensated for all lost time

          be~=innin o on February 27. ?006 through and including March 3. ?006.


FINDINGS:
Public Law Board No. 640?, 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 Claimant has entered into a settlement with Carrier under which he has released Carrier from all claims related to his injury. Accordingly, the claim must be dismissed as moot.
                                            TL$ 6Ltaz Award ~3


                        AWARD


      Claim dismissed.


                    Martin H. Malin, Chairnlan


      w. L

B. Vv'. Ilanquist D. . artholomay°,
 Carrier Member Emp _ ee Member

                Dated at Chicago. Illinois. February- 37, 2007