CASE NO. 15 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 C.A. Greer, for removal of discipline, assessed by Carrier and scheduled for hearing on July 15, 2008, and Motion by Carrier for dismissal with prejudice. (Carrier's File 1479960D SPW).

 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 commenced service with Carrier on August 13, 2004, and holds seniority rights in various classes within the Track Sub-department, Los Angeles Division. He was dismissed from his position for UPGRADE Level 5 violation of GCOR Rule 1.6 on May 25, 2007.
 Prior to hearing of this matter, Carrier moved to dismiss this case with prejudice pending execution of a SETTLEMENT AGREEMENT in Case #E200708-T-0067-00-a pending in the California Department of Fair Employment & Housing. Organization concurred with Carrier's Motion.
 Following the hearing, Carrier submitted a fully executed SETTLEMENT AGREEMENT reinstating Claimant to his position without loss of seniority. It is therefore appropriate to grant Carrier's Motion and to dismiss the case with prejudice.

      Case dismissed withp~reju~ Janice K. Frankman, Chairperson

      Neutral Member


~Dominic A, Rin Timothy Kreke
      Cri

    arfierMembyer Organization Member


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