The Second Division consisted of the regular members and in addition Referee Robert L. Hicks when award was rendered.
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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 contends he was forced to resign under duress and that he should be allowed to withdraw his resignation, return to work and be paid for all time lost.
Claimant's allegation of duress was based on a letter from the Carrier dated June 30, 1993, reading, in part, as follows: Forth 1 Award No. 13015
Claimant chose option 2. Had he resigned from Trailer Train, he would be still employed with the Carrier. Had he opted not. to resign from either company, but face disciplinary action, who knows what his fate would have been.
The resignation is bona fide. Claimant had options; thus his resignation is not found to be forced.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.