Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11909
SECOND DIVISION Docket No. 11762-I:
90-2-89-2-41
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Harry B. Seever
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
Whether or, not Car man Harry B. Seever, St. Joseph, is entitled to
benefits of the New York Dock Conditions as a result of his furlough from
service in August 1984?
Also, I was assured by a Union Pacific Railroad representative that I.
would not be protected by the New York Dock Conditions, and ultimately was
offered a lump-sum settlement, of which I did receive. I assumed the New York:
Dock Conditions would prevail.
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 were given due notice of hearing thereon.
Claimant is before this Board seeking additional benefits under the
New York Dock Conditions, 350 I.C.C. 60 (1979) as a result of furlough from
service in August 1984. On August 27, 1984, he received a separation allowance from Carrier in the gross amount of $38,477.00. He accepted this payment.
as a:
"...full and complete release of and from any
and all manner of claims and demands now or
in the future (including, but not limited to the
New York Dock Conditions) for any reason."
Form 1 Award No. 11909
Page 2 Docket No. 11762-I
90-2-89-2-41
It has not been demonstrated that the settlement and release was
fraudulently arrived at; that any misrepresentations occurred when the matter
was being negotiated; that Claimant was incompetent or otherwise unaware of
the consequences of his act; or, that any other legitimate basis exists under
law to have the matter rescinded. Accordingly, Claimant must be bound by the
Agreement he struck even though he now dislikes the result.
The Claim is without merit and will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J ear - Executive Secretary -
Dated at Chicago, Illinois, this 1st day of August 1990.