Prior to the 1994 Labor Day weekend, the Trinidad Sectionmen were instructed to report early for work on September 6,1994. At approximately 8:00 A.M. on September 5, 1994, however, the Claimant received a call from his Supervisor and was instructed to contact each of the Sectionmen in the Trinidad Section Crew and advise them not to report to work early on September 6, 1994. According to the Organization, the Claimant interrupted his Labor Day holiday activities by complying with these instructions, telephoning each Sectionman in his charge and advising them not to report early for work on September 6,1994. In making out his payroll for the designated holiday in question, the Claimant included two hours and 40 minutes at his time and one-half rate for the telephoning service performed on Labor Day. This claim appeals the Carrier's refusal to pay the Claimant for that "minimum call."

On March 19,1999, more than a year prior to the oral argument of this claim before the Board, the Claimant entered into an "Agreement Not to Mark Up/Resignation," wherein he accepted certain sums of money from the Carrier in return for his "irrevocable resignation" and his "full and complete settlement" of, inter alia, "all claims that have bee or could be brought under the Railway Labor Act whether known or unknown which I now have or may hereafter accrue to me, on account of or in any way related to my employment with the Burlington Northern and Santa Fe Railroad Company." On that basis, the claim is dismissed as moot, without further comment.

AWARD