NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-19578
(Dave J. Grotsky
PARTIES TO DISPUTE:
(Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my intention
to file an ex parte submission on August 6, 1971, covering an unadjusted dispute between me and the
1) Whether the Penn Central Transportation Company abriged rights
guaranteed to me by Rules 6-A-1 and 7-A-1 of the Clerical Rules Agreement,
effective February 1, 1968, by preparing and causing me to sign a resignation
under extreme duress and harassment and threats of criminal prosecution for
charges never made known to me and by denying me all appellate rights guaranteed to me by said agree
by granting me a hearing under Rule 7-A-1 and not rendering a decision as
required by said Rule.
2) Whether I should be reinstated in my employment with Penn
Central Transportation and be compensated for every day held out of service
by the above harassment, duress and threats since December 18, 1968.
OPINION OF BOARD: 1 - Careful consideration of the record discloses that
claimant's resignation was voluntary and not given under
duress and harassment.
2 - It follows, therefore, that the carrier could not possibly have
violated Rules 6-A-1 and 7-A-1 of the schedule agreement as alleged in the
claim.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties tc this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes 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 Number 19455 Pag~ 2
Docket Number MS-19578
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1972.