PUBLIC LAW BOARD NO. 7194
AWARD NO. 12
CASE NO. 12
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference
vs.
Union Pacific Railroad Company
ARBITRATOR: Janice K. Frankman
DECISION: Dismissal
STATEMENT OF CLAIM AND MOTION:
Request on behalf of K.J. McCord, for removal of discipline, assessed by Carrier
and scheduled for hearing on July 15, 2008, and Motion by Carrier for dismissal
with prejudice. (System File 1477657)
FINDINGS:
The Board, upon the whole record and all the evidence, finds that the parties herein
are Carrier and Employes within the meaning of the Railway Labor Act, as amended; that
this Board is duly constituted by agreement of the parties; that the Board has jurisdiction
over the dispute herein; and that the parties were given due notice of the hearing.
Claimant executed a Release of Claims and an Agreement Not to Return to Work &
Resignation on December 5, 2007, in conjunction with McCord vs. Union Pacific Railroad
Company, Cause No. 2006-2906 in District Court of El Paso County, Texas., releasing
Carrier from all claims and liability arising from his employment including personal
injury claims beginning on or about February 8, 2006. Claimant has agreed to not return
to or seek work for Carrier.
Prior to hearing of this matter, Carrier moved to dismiss this case as moot.
Organization concurred with Carrier's Motion. It is therefore appropriate to grant
Carrier's Motion and to dismiss the case with prejudice.
AWARD
Case dismissed th prejudice.
Janice K: ankman, Chairperson
Neutral Member
Dominic A. Ring Timothy /W. Kreke
Carrier Member Organization Member
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