Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35315
Docket No. MW-33335
01-3-96-3-843
The Third Division consisted of the regular members and in addition Referee
Hyman Cohen when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The discipline (suspension from service pending hearing and
subsequent dismissal) imposed upon Machine Operator L. B. Murry
for alleged violation of Rules 1.1, 1.1.2 and 1.6 of the Safety and
General Rules for All Employees and Rules 72.13.3 and 72.13.32 of
the Chief Engineers Instructions for Maintenance of Way and
Engineering in connection with the collision of Tamper 311 with the
rear end of Train 1MBSMF2 16 Engine 8559 near Mile Post 559.50
near Chandler, Texas on August 17, 1995 was without just and
sufficient cause, desparate treatment and on the basis of unproven
charges (System File MW-95-54-CB / MW D95-42).
(2) The Claimant shall be reinstated to service with seniority and all
benefits and rights unimpaired, his record shall be cleared of the
charges leveled against him and he shall be compensated for all
wage loss suffered as a result of the Carrier's actions."
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 1 Award No. 35315
Page 2 Docket No. MW-33335
01-3-96-3-843
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Board has been advised that the Claimant executed a "Release of all Claims"
on July 7, 1998, which specifically covered the claim involved herein. Accordingly, the
claim has become moot and is dismissed.
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 16th day of February, 2001.