PUBLIC LAW BOARD NO. 7660 CASE NO. 30

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES PARTIES

TO DISPUTE:

and UNION PACIFIC RAILROAD COMPANY

(former Chicago and North Western Transportation Company)

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

1. The dismissal of Claimant M. Clevenger, by letter dated April 17, 2014, for alleged violation of General Code of Operating Rules (GCOR) Rule 1.6, Conduct (4) Dishonest was based on unproven charges, unjust, unwarranted and in violation of the Agreement (System File J-1419C-503/1605970 CNW).

2. As a consequence of the violation referred to in Part 1 above, Claimant M. Clevenger, per Rule 19D, must be reinstated, with all seniority, vacation, retirement and otherwise unimpaired, made whole for all loss and the matter must be stricken from his disciplinary record."

FINDINGS:

Upon the whole record, after hearing, this Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

PLB No. 7660 Award No. 30

As a result of the resolution of this matter on the property, the claim is dismissed.

AWARD:

The claim is dismissed.

______________________________

Margo R. Newman Neutral Chairperson

Dated: Sept 24, 2016 __________________________

K. N. Novak Carrier Member

______________________________ Andrew Mulford Employee Member