Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27488
THIRD DIVISION Docket No. MS-27016
88-3-86-3-201
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(R. E. Hanson
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
"1. The Burlington Northern admittedly violated our Collective
Bargaining Agreement by hiring an outside contractor to perform work (fencing)
which has historically belonged to the Maintenance of Way Employees.
2. The claimant (R. E. Hanson) be awarded group 2 pay from April 7,
1985 until May 31, 1985, the time outside contractor performed claimants work."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On March 28, 1986, the Claimant gave notice to the Board of his
intention to submit a dispute concerning contracted-out work which allegedly
"historically belonged to the Maintenance of Way Employees." On March 2,
1987, however, the Claimant signed a form entitled "Release of All Claims"
which released and discharged the Carrier "from all claims and liabilities of
every kind or nature." This release was made in connection with a monetary
settlement to the Claimant.
Under these circumstances, the claim herein is moot, and the Board
need not review its merits and the response of the Carrier thereto.
A W A R D
Claim dismissed.
Form 1 Award No. 27488
Page 2 Docket No. MS-27016
88-3-86-3-201
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.