Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8317
 SECOND DIVISION Docket No. 8169
 2-DT&I-FO-'80
 The Second Division consisted of the regular members and in
 addition Referee Rodney E. Dennis when award was rendered,
 ( System Federation No. 16, Railway Employes'
 ( Department, A. F, of L. - C. I. 0.
 Parties to Dispute: ( (Firemen & Oilers)


Dispute: Claim of Employes:






Findings
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that;

 The carrier or carriers and the employe or employes involved in this disFnzte are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 193+.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Michael M. Stevenson,, the claimant, a laborer in carrier's Flat Rock, hTichigan, facility, resigned from service after an incident that resulted in a. derailed box car. The organization alleges that the resignation occurred under duress, while the claimant was subjected to harrassment, and that he did not have the advantage of union representation. It requests the resignation be declared invalid and that the claimant be put back to work with all benefits lost restored to him.

 Carrier denies the allegation of the organization and further states that; the claimant never requested union representation. Carrier asserts that the claim is without merit and should be denied. A review of the record before this Board reveals that the carrier's position in this dispute must be upheld. The: record shows that the claimant was involved in the derailment and that he -was required to report to the general car foreman to discuss the incident. The general car foreman explained that the claimant could have a hearing and discussed the possible consequences of that hearing. He offered him the option of resigning. The record does not show, however, that the general foreman in art
 Form 1 Award No. 8317
 Page 2 Docket No. 8169
 2-DT&I-FO-'80

 way attempted to deceive the claimant, threatened him, or was not completely truthful when outlining the options open to him.

 This Board has consistently held in ntanerous awards that the mere mention of an investigation and of the possibility of disciplinary action is insufficient grounds to warrant the setting aside of an employee's voluntary resignation from service..

 In cases such as the one before us in this instance, for the resignation tobe set aside, the claimant must prove that he was coerced into resigning. The organization has not carried that burden. Having the option to resign is beneficial to both the employee and carrier. The employee leaves the employ of the carrier without negative marks on his record that might jeopardize his future employment and the employer is freed from the burden of having to prefer charges, hold a hearing, and mete out discipline. This is a time-consuming process for both parties.

 The claimant obviously knew the advantages of resigning. Absent any facts in this record to support the allegation the claimant was under duress and subject to harrassment, this Board must deny the claim..




                            By Order of Second Division


Attest: Executive Secretary
        National Railroad Adjustment Board


By v
      osemarie Brasch - Atm-3.nistrative Assistant


Date at Chicago, Illinois, this 16th day of April, 1980,