Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
.ward No. 32572
Docket No. SG-33739
98-3-97-3-207
The Third Division consisted of the regular members and in addition Referee
Edward L. Suntrup when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation. Inc. (former Chesapeake and
( Ohio Railwav Company)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (C&O):
Claim on behalf of R. T. Martin for reinstatement to service with
payment for all lost time and benefits and for his record to be cleared of all
charges in connection with this disciple, account Carrier violated the
current Signalmen's Agreement. particularly Rule 55, when it failed to
provide the Claimant with a fair and impartial investigation and imposed
the harsh and excessive discipline of dismissal from service against the
Claimant without meeting the burden of proving its charges in connection
with an investigation conducted on March 11, 1996. Carrier's File No.
15(96-110). General Chairman's File No. 96-29-CD. BRS File Case No.
10179-C&O."
FINDINGS
:
The
Third Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Form I .award No. 32572
Page 2 Docket No. SG-33739
98-3-97-3-207
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
On February 26, 1996 the Claimant was advised to attend an Investigation to
determine facts and place responsibility, if any, in connection with his failure to comply
with CSX and FRA tests and inspections requirements on his territory. He was
specifically charged with failure to comply with:
"CSX test # 31 & FRA rules 234.239 through 234.271
CSX test # 8 & FRA .ae 236.107(a)
CSX test # 17 & FRA rule 236.382
CSX test # 3,4,17,18 & 20 & FRA rules 236.103, 236.104, 236.383. 236.386
CSX test # 2.0 & FRA rule 236.102(b)
CSX test # 30 & FRA rule 234.251"
The Claimant was held out of service pending results of the Investigation.
After the Investigation was held on March 11. 1996 at the office of Signal
Supervisor Ii. D. Baker at South Portsmouth, Kentucky, the Claimant was advised that
he had been found guiltv as charged. .\s a result he was advised that his employment
Nsith CSX Transportation was terminated.
The discipline was appealed by the Organization in the normal manner up to and
including the highest Carrier Officer designated to hear such. Absent settlement of this
claim on property it was docketed before the Third Division for final adjudication.
After reviewing the full record on this claim the Board is forced to~conclude that
the claim has no viability in view of the :stay 7, 1997 Settlement Agreement unilaterally
signed by the Claimant with the Carrier which contained a release of all claims
provision. According to the terms of that Agreement. which included a sum not specified
to the Board. the Claimant:
".
. , agree(d) not to return to work for CSXT in any capacity whatsoever . . . (and
to) .. . the release of anv and all outstanding labor claims which (he) may or may
not have against CSXT . . . ."
Form 1 Award No. 32572
Page 3 Docket No. SG-33739
98-3-97-3-207
The Board has ruled on numerous occasions that a claim is moot in the face of
such a waiver. See Third Division Awards 20832. 26470 and 26694. Also First Division
Award 24045 and Second Division Award 13034.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois. this 29th day of April 1998.