Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13817
Docket No. 13714
04-2-03-2-59
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carmen
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company, Inc.
STATEMENT OF CLAIM: Claim of the Committee of the Union that:
"1. The Delaware and Hudson Railway Company (Division of CP
Rail System) violated the terms of our current Agreement, when
they failed to compensate Carman T. L. Graves for attending a
deposition on Tuesday, November 12, 2002, at Binghamton, NY.
2. That, accordingly, the Delaware and Hudson Railway
Company be ordered to compensate Carman T. L. Graves as
follows:
1.5 hrs @ straight-time rate $26.26
12 miles @ .365 cents per mile 4.30
TOTAL $31.07
This is the amount he would have earned had the Carrier complied
with our Agreement."
FINDINGS:
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.
Form 1 Award No. 13817
Page 2 Docket No. 13714
04-2-03-2-59
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
This claim seeks compensation for the Claimant as a result of his attendance
at a deposition on November 12, 2002 in a lawsuit filed by the Claimant against the
Carrier where the Claimant sought eompensation for carpal tunnel syndrome.
On June 11, 2003, the Claimant signed a Release Agreement as part of the
settlement of the lawsuit which provides, in part, that he released the Carrier ". . .
from all legal liability for personal injuries as set forth herein, including claims;
causes of action; actions, . . . costs, fees and expenses incurred; and demands for
monetary compensation of any nature . . . ." That release covers and bars this
claim.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 10th day of December 2004.