Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12093
SECOND DIVISION Docket No. 11906-I
91-2-90-2-6
The Second-Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Wayne W. Baikauskas
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
Why the carrier/union Pacific RR. Co. failed to honor the agreement
between Wayne W. Baikauskas and the Chicago Heights terminal Transfer covering
article Article IV of said agreement causing both physical, mental and financial hardshipship, further why said carrier and its agents and officers should
not have to pay with interest any financial loss.
Why the above mentioned carrier should not be held in violation of
45-USCS § 359 Penalties (a) Failure to furnish information with regards to the
instructions of officer of carrier requesting that petitioner make false and
fraudulant statements and claims, 45-USCS §152-n-53(54-55) Duty of employer to
treat with authorized representive 45-USCS §58(9.5) Negligent Medical Treatment-45 USCS §152 (7) changes forbidden while said actions are pending before
the National Railroad Adj. Board. 45-USCS §2n 35 Proximate cause, generally.
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.
Petitioner requested a Hearing before the Board and one was scheduled. Prior to the date of the Hearing, Petitioner notified the Board that he
would not attend. Carrier likewise did not attend the Hearing.
Both parties to the dispute have raised numerous issues, procedural
and substantive, in support of their positions. The Board finds that it need
consider only one. On December 14, 1990, Petitioner executed a resignation
and release from the Carrier, which included the following provision:
Form I Award No. 12093
Page 2 Docket No. 11906-I
91-2-90-2-6
"I release and forever discharge the Company from any
and all claims, causes of actions, and liabilities of
any kind or actions currently pending in any stage of
appeal including those actions pending before the
National Railroad Adjustment Board, arising out of my
employment at, or termination of my employment from,
the Company."
It is clear that such resignation and release covers the dispute
before this Board in this docket. The Claim, therefore, having become moot,
must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
-'4-.w7,.
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1991.
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