Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32573
Docket :No. SG-33740
98-3-97-3-208
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 Railway 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 payment for all time lost as a
result of his suspension from service from April 1 to May 1, 1996 and for
his record to be cleared of all charges in connection with this discipline,
account Carrier violated the current Signalmen's Agreement. particularly
Rule 55, when it imposed harsh and excessive discipline against the
Claimant without meeting the burden of proving its charges in connection
with an investigation conducted on ;larch 11. 1996. Carrier's File No.
15(96-120). General Chairman's File No. 96-30-CD. BRS File Case No.
10180-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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form I .award No. 32573
Page 2 Docket Yo. SG-33740
98-3-97-3-208
Parties to said dispute were given due notice of hearing thereon.
On Februarv 10, 1996 the Claimant was advised to attend an Investigation to
determine facts and place responsibility, if any, in connection with his alleged refusal to
follow instructions given to him by Signal Supervisor T. D. Ison, and Roadmaster
Stewart at the Waverly Medical facility, and with his alleged failure to observe safe
work practices while on duty at mile post 30 on the Northern subdivision.
The Claimant was charged with insubordination, gross negligence and a violation
of Safety Rule Yo. I. He 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 H. D. Baker at South Portsmouth. Kentucky, the Claimant was advised that
he had not been found guilty of insubordination. but that he had been found guilty of a
flagrant violation of Safety Rule No. 1.
.As
a result of this violation, he was suspended
for a period of 30 working days which ran from April 1 through May 1, 1996.
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 the 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. as
we did in Third Division Award 32572, that the instant claim has no viability in view of
the .·1av 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
\greement. which included a sum not specified to the Board, the Claimant:
. .. agreed) not to return to work for CS\T in any capacity whatsoever
... (and to) . . . the release of any and all outstanding labor claims which
(he) may or may not have against CS\T .. . ."
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.
Form l .ward No. 32573
Page 3 Docket No. SG-33740
98-3-97-3-208
-SWARD
Claim dismissed.
ORDER
This Board. after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois. this 29th day of April 1998.