At the relevant time, the Claimant was a Relief Clerk working at Longview Junction, Washington. This claim filed March 18,1996, protests the Carrier's February 12, 1996 imposition of a 15-day suspension for the Claimant's failure to notify the crew of train 01-661-18 of an unsafe condition on or about 11:00 P.M. on January 18, 1996.
The Board cannot reach the merits of the dispute. On February 15, 1998, the Claimant executed a Resignation and Release Agreement that contained the following relevant language:
"I hereby elect to be placed on a "Reserve Board" under the terms and conditions set forth in the Agreement between the Burlington Northern and Santa Fe Railway Company and its respective employees represented by the . . . TCU . . . dated December 19, 1995 . . . . I understand this election is irrevocable.
I understand that, unless recalled by the Company, I shall remain on the Reserve Board either for six years, until I become eligible for an unreduced annuity under the Railroad Retirement Act; or until my death, whichever occurs first. During this time I understand I shall retain my seniority and an employment relationship with the Company. I agree, however, not to mark up or attempt to use my seniority in any manner ....
Effective upon the issuance by the Company of the last monthly payment due me as a Reserve Board participant, I hereby knowingly and voluntarily resign from the service of the Company. This resignation shall constitute a complete relinquishment and surrender unto the Company of
any and all my employment rights, including seniority, health and welfare, and other rights and benefits which may have accrued to me as an employee of the Company. Form 1 Page 3
For and in consideration of the above, I hereby release the Company from any and all claims of any nature, known or unknown, which I have or might have against the Company, including, but not limited to, claims which derive from or are based on any aspect of my employment relationship with the Company or my resignation of such employment. Claims which I relinquish under this Agreement include, but are not limited to, personal injury claims, contract claims, labor claims, employment claims, claims arising under any federal, state or local common law or statute, including without limitation the Interstate Commerce Act, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000 et sea., the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §621 et sea., and claims arising out of any legal restriction on the Company's right to terminate its employees. Notwithstanding the foregoing, I understand this release does not apply to any labor claims pertaining to the proper monthly amount of my reserve board payments.
If I am recalled to service by the Company while occupying a Reserve Board position, this resignation and release shall be of no force or effect.
After the imposition of the 15 day suspension and filing of this claim, the Claimant executed a Release where the Claimant agreed that "I hereby release the Company from any and all claims of any nature, known or unknown, which I have or might have against the Company, including, but not limited to, claims which derive from or are based on any aspect of my employment relationship with the Company . . . which . . . include, but are not limited to . . . labor claims, [and] employment claims . . . ." By its plain terms, the Resignation and Release Agreement covers this claim.
The Organization correctly argues that the Resignation and Release Agreement is conditional in that it provides that "[i]f I am recalled to service by the Company while Form 1 Page 4