PUBLIC LAW BOARD NO. 7633


Brotherhood of Maintenance

of Way Employes Division - IBT and


Case No. 73

Award No. 73

Union Pacific Railroad

(Former Missouri Pacific Railroad)


STATEMENT OF CLAIM:


"Claim of the System Committee of the Brotherhood that:


  1. The Carrier's discipline (dismissal) of Mr. R. Myers for allegedly failing to operate a machine in a manner that allowed for a safe distance to stop was without just and sufficient cause, unwarranted and in violation of the Agreement (System File UP506KM16/1653654D MPR).


  2. As a consequence of the violation referred to in Part I above, Claimant R. Myers shall be afforded all relief contemplated by Rule 22."


FINDINGS:


Public Law Board No. 7633, upon the whole record and all the evidence, finds the parties involved in this dispute are respectively Carrier and Employees within the meaning of the Railway Labor Act, as amended; this Board has jurisdiction of the dispute herein; the parties were given due notice of hearing before this Board and they participated therein.


The Organization appealed the discipline and the Carrier denied the appeals. The dispute was not resolved during a settlement conference and progressed to arbitration. When this matter came before the Board for final and binding resolution, the Board was advised at the hearing that this claim has been resolved on the property. Accordingly, this claim is dismissed.


AWARD:


Claim dismissed.


Page 1 of 2

PLB No. 7633

Award No. 73



image

--


Neutral Member Dated: May 11, 201S


image image


image image

Katheirne Novak Carrier Member

Andrew Mulford Labor Member



Page 2 of 2