NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-27190
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"This claim is being filed on behalf of myself, A.Y. Fuller. I am a
member of the Brotherhood of Railroad Signalmen. The claim is being filed
against CSX Transportation (formerly L&N R.R.), hereafter referred to as the
Carrier. The purpose of the claim is to reverse the Carrier's assessment in
a discipline case which resulted in my suspension for 25 days."
OPINION OF BOARD: The Claimant had been employed by the Carrier for a period
of seven years and was assigned to a position of Signal
Maintainer at the time of the incident for which he was subsequently disci
plined. Under date of June 4, 1985, the Carrier charged the Claimant with
violation of Rules G-1 and 715 in the breaking of glass in the door of the
Relay Room at Howell Tower on June 2, 1985. An Investigation was commenced
beginning on July 17, 1985, and, due to several recesses was concluded on
August 28, 1985. The Claimant was present throughout the Investigation and he
was represented by a Representative of his Organization.
On September 9, 1985, the Carrier's Superintendent notified the Claimant that he had been found
day actual suspension from service as a consequence of that finding. The
Organization contested the discipline and perfected appeals on behalf of the
Claimant to the Superintendent and to the Director of Labor Relations. In a
conference held on June 23, 1986, the Organization and the Carrier agreed the
Claim would be withdrawn. The settlement reached by the Representatives of
the Organization and the Carrier is documented in a letter dated June 30, 1986.
Claimant has submitted the question of the discipline described above
to this Board for review and determination. He recognizes that his General
Chairman agreed to withdraw the Claim in a conference with the Director of
Labor Relations but argues that was done without his knowledge or approval, no
adjustment has been made and he has a right to pursue the Claim to the Board.
The Carrier offers several reasons why the Claim should be dismissed
or denied and all need not be detailed. It is sufficient that we point out
the Carrier's position includes development of the issue of whether the settlement of claims by desi
whether such settlements may be set aside by the Board upon petition of a
dissatisfied employe.
Award Number 26720 Page 2
Docket Number MS-27190
The issue has been considered and decided in a number of our prior
Awards. The partial quotation from our Award 7061, which appears in our Award
11563, is appropriate to the Claim which is before us and reads as follows:
"The Adjustment of the claim on the property by
Carrier's representative and the General Chairman
of the Organization is binding upon the parties.
***We are obliged to hold that the claim involved
in this docket was fully settled on or about August
29, 1949, and there is nothing presently before the
Division to be decided. ***"
A similar result was expressed in our Award 26330 where we stated, in
pertinent part:
"The Adjustment of the dispute on the property by
the designated representative of the Organization
and the appropriate appeals officer is binding on
all parties and leaves nothing for the Board to
decide."
Upon review and consideration of the entire record, the instant Claim
must be dismissed.
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;
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 Claim is moot.
Award Number 26720 Page 3
Docket Number MS-27190
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
4:~2we&v' 40
Nancy J. Deve-r - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1987.