Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33571
Docket No. MW-34430
99-3-98-3-37
The Third Division consisted
of
the regular members and in addition Referee Ann
S. Kenis when award was rendered.
(Brotherhood
of
Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Western Maryland
( Railway Company)
STATEMENT OF CLAIM:
"Claim
of
the System Committee of the Brotherhood that:
(1) The thirty (30) day suspension assessed Mr. C.C. Cobey for his
allegedconduct unbecoming an employe and in violation of Rule 501
when he reported an injury and allegedly left his assigned duties on
January 16, 1997 was without just and sufficient cause, based on an
unproven charge and in violation of the Agreement [Carrier's File
12 (97-0360) WMR1.
(2) As a consequence of the violation referred to in Part (1) above,
Foreman C.C. Cobey shall be exonerated and made whole."
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.
Parties to said dispute were given due notice
of
hearing thereon.
Form 1
Page 2
Award No. 33571
.rI
Docket No. MW-34430
99-3-98-3-37
The claim before the Board is an appeal of the 30-day suspension issued to the
Claimant following an Investigation on February 4, 1997 in connection with charges of
conduct unbecoming an employee and violation of Rule 501. The incident referred to
in the Investigation occurred on January 16, 1997 when the Claimant allegedly asked
the Train Dispatcher to report an on-the-job injury when no injury had occurred.
After careful review of the record in its entirety, the Board must conclude that
it lacks jurisdiction to consider the instant claim because it has been rendered moot. On
January 21, 1999, the Claimant signed a "Settlement and Final Release of All Claims."
According to its terms, the Claimant agreed to release the Carrier from "all . . . claims,
demands, or legal proceedings of every type or nature, past, present, or future, including
but not limited to those under labor law or labor contract . . . ." This broad language
encompasses the instant claim and we therefore adopt the reasoning in Third Division
Award 26345:
"This Board has no alternative but to conclude this specific release
materially impacts upon our jurisdiction. See Third Division Award
20832, 22645, 24869 and 25678. We subscribe to the view that if the
language of the release supports a finding the release encompasses all
claims, the employee is bound by the settlement and release. Accordingly,
the Claim before us is moot and barred from our consideration."
AWARD
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 20th day of October 1999.
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