Claimant is a Journeyman Electrician with over 15 years service at Carrier's West Burlington, Iowa locomotive facility. Claimant was awarded third trick maintenance job #533 by bulletin dated August 18, 1994, and began working this position on August 21, 1994. At the time, Claimant had never worked a maintenance position and had some medical restrictions.
Carrier disqualified Claimant from the position on September 19, 1994 because he was unable to meet the minimum requirements of the job involving basic understanding of electric parts and equipment.
The Organization contends that Claimant's Journeyman status qualifies him for this job and asserts that Carrier did not give him adequate training for the position. Carrier argues that it properly disqualified Claimant within the 30 day period set forth in Rule 13(h), and that he is not entitled to the requested $6.00/day remedy since he was assigned to the position within ten calendar days of the award in accord with Rule 13(f). It relies on Public Law Board No. 3408, Award 70; Public Law Board No. 4584, Award 4; Second Division Awards 12223, 11521, 11441, 10431 and 7935 in arguing that the claim is without merit.
The Board has learned that since the parties have submitted this claim for consideration. Claimant has resigned from employment with Carrier, and has executed both a letter of resignation as well as a Release and Settlement Agreement. .A review of these documents, which were executed by Claimant on October 31, 1997 and October 21, 1997 respectively, reveal that Claimant has relinquished any seniority he had with Carrier and released Carrier from all claims "of every kind and nature" up to the date of the release. including any claims for time lost. Under such circumstances, the Board views this case as moot and, accordingly, the claim is dismissed.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.