Form 1 NATIONAL RAILROAD ADJUSTMNT
BOARD Award No.
8788
SECOND DIVISION Docket No.
8641
2-SPT-FO-'81
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That in violation of the current agreement Firemen and Oiler R. A.
Andrade was coerced into resigning from the service of the Carrier on
September 24,
1978.
2. That accordingly, the Carrier be ordered to make the aforementioned R. A.
Andrade, whole t,y restoring him to Carrier's service with. seniority rights
unimpaired, plu,, restoration of all holiday, vacation, health and welfare
benefits, pass Frivileges and all other rights, benefits and/or privileges
that he is entitled to under rules, agreements, custom or law and
compensated for all lost wages. In addition to money claimed herein, the
Carrier shall pay the Claimant an additional amount of
6°lo
per annum compounds
annually on the anniversary date of this claim.
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 dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On September 24,
1978,
Fireman and Oiler R. A. Andrade resigned from carrier's
serrice. The union contends that claimant was coerced into resigning. Carrier
alleges that after being notified that he would have to undergo an investigation for
failure to protect his assignment on August 26,
1978,
claimant resigned voluntarily.
A review of the record of this case clearly reveals that claimant resigned
of his own free will and was not, as the union alleges, coerced into resigning.
Claimant had been disciplined on a number of occasions prior to August 26,
1978,
for
absenteeism and tardiness. He knew full well the implications of further discipline
and the advantages of leaving carrier's employ with a resignation rather than being
discharged. He chose to take the course with the minimum risk. He resigned rather
than face charges. Claimant cannot now be heard to cry foul when he was given every
chance to make his own decision as to resigning or facing a hearing.
Form I Award No.
8788
Page 2 Docket No. 8641
2-SPT-FO-'81
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
G r i ~ L
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th day of October,
1981.