Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27496
THIRD DIVISION Docket No. MS-26415
88-3-85-3-327
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(R. E. Hanson
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "1. Can the BN violate rules 2A, 5, 23A, 44, 60, 40A, 5
69A, 6 in fact the entire scope of our collective bargaining agreement without paying their 'vic
breech (sic) of contract, pain, suffering 6 humiliation?"
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 January 17, 1985, Claimant failed to pass a rules examination. On
January 21, 1985, Claimant was re-examined and he was returned to duty the
following day but restricted to a laborer position. As a result Claimant was
not permitted to operate a bolt machine on January 29, 1985.
Claimant contends that he was disciplined by the Carrier's restriction and that the rules examin
relevance to actual work performance.
Other than assertion, there is little evidence provided by Petitioner
to support the claim before us.
Further, while Claimant submitted this matter to the Board in June,
1985, he executed a release "from all claims and liabilities of every kind and
nature" in March, 1987. His subsequent action renders the present claim moot
leaving this Board with no issue to decide. (Third Division Awards 27043,
26694, Second Division Award 9875.)
Form 1 Award No. 27496
Page 2 Docket No. MS-26415
88-3-85-3-327
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e,(Er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.