Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10965
SECOND DIVISION Docket No. 10810-I
2-MP-I-MA-'86
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Daniel G. Robertson, Jr.
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling agreement, particularly Rule 20, when they failed to recall Machinist
Daniel G. Robertson, Jr. to service on September 7, 1983, in line with his
seniority.
2. That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate Machinist Daniel G. Robertson, Jr. beginning September
7, 1983, and continuing for each work day, including overtime he might have
earned, plus 14% interest, until returned to service.
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 employes 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_
The Organization contends the Carrier violated the Agreement when it
failed to recall the Claimant on September 7, 1983. Rule 20 deals with the
restoration of forces in seniority order. The Carrier, in responding to the
initial Claim, explained that in order to receive consideration under Rule 20,
an individual must be in a furloughed status. According to the Carrier, the
Claimant submitted his written resignation on March 2, 1983. The Claimant
contends that he executed the resignation in the offices of the Houston Belt &
Terminal Railroad based upon his understanding the resignation was conditioned
upon his completing his probationary period with the Houston Belt & Terminal
Railroad. The record established the Claimant went to work for the Houston
Belt & Terminal Railroad on March 7, 1983, and was terminated on March 14,
1983.
Form 1 Award No. 10965
Page 2 Docket No. 10810-I
2-MP-I-MA-'86
The record contains the following statement signed by the Claimant on
March 2, 1983:
"I, Daniel George Robertson, Jr., do hereby resign
from service of the Missouri Pacific Railroad and
expressly release and relinquish unto the said
Railroad all my rights as an employee, including
seniority, health and welfare benefits, and other
rights which may heretofore have accrued to me as
an employee. This resignation is absolute and
unqualified and shall be effective immediately."
The record also contains an acknowledgment of the above resignation.
The acknowledgment dated March 10, 1983, states:
"This will acknowledge your letter of March 2, 1983
resigning from the services of the Missouri Pacific
Railroad Company as Machinist at Settegast Diesel
Shop, Houston, Texas, resignation being effective
March 2, 1983."
Based upon the above evidence, this Board is unable to sustain this
Claim. The resignation is in writing and contains no hint of it being conditional. If the Houston Belt and Terminal Railroad made a commitment to the
Claimant as asserted, the complaint should have been lodged with that Carrier.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 27th day of August 1986.