Docket No. CL-12727
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Jerome A. Levimon, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
NORFOLK AND WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-4982) that:
1. The Carrier violated the Clerks' Agreement when on January
15, 1960 it summarily dismissed Janitor Edward A. Wade without investigation and hearing, thus depriving him of his seniority rights to
the regular assignment held by him.
2. Janitor Edward A. Wade shall now be restored to the position
of Janitor, Joyce Avenue Yard Office at Columbus, Ohio, with all
rights unimpaired and shall be compensated for all wage loss sustained beginning January 15, 1960 and continuing until such time
that he is restored to the service of the Carrier.
3. Janitor Edward A. Wade's record shall be cleared of all
alleged charges or allegations which may have been recorded thereon
as a result of the alleged violation named therein.
OPINION OF BOARD:
On January 15, 1960, the Claimant signed a written resignation from the service of the Carrier. He contends that he did not
voluntarily resign from the service; that the resignation was secured under
duress and for that reason was ineffective.
The record contains no proof by the Petitioner that the resignation was
secured under duress or coercion. The Board finds that the resignation was
voluntarily submitted by the Claimant and was valid. Having voluntarily terminated his employment with the Carrier, all of Claimant's rights under the
collective agreement covering the work of the position from which he resigned
were terminated. Under such circumstances, the claim should be denied. See
Award 4583.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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That the Carrier and the Employe involved in this dispute are respectively
Carrier and Employe within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1962.