Form I NA T TONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37771
Docket No. DlW-37174
06-3-02-3-155
The Third Division consisted of the regular members and in addition Referee
Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Chicago &
( North Western Transportation Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to call and
assign Trackman Dl. Antonio for extra trackman work in the
area of Des Moines, Iowa beginning on December 18, 2000 and
continuing and instead called and assigned junior employe E.
Hebl (System File 2RA1-9229T/1260863 CNW).
(2) As a consequence of the violation referred to in Par (1) above,
Claimant Al. Antonio shall now `*** be compensated for the 72
hours of straight time, 18 hours of overtime and 24 hours of
Holiday compensation, at the applicable rate of pay."'
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. 37771
Page 2 Docket No. AIW-37174
06-3-02-3-155
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
As background, the Claimant was called for extra work with snow removal
from December 4 through 13, 2000. Another snowstorm was expected and the
Claimant was prepared and ready to work as an extra employee. Instead of the
Claimant being called for the work, a junior employee was called.
It is not necessary to go further with the Organization's claim and the
Carrier's response. While the Board read the full record, we are compelled to
dismiss this case without consideration of the merits. The Claimant has given up on
all future disputes. The Board notes in the Carrier's Submission, that there exists a
Resignation Release signed by the Claimant which states, in pertinent part, in
Paragraph III, d:
"Any and all claims or rights which [Claimant] may have
accumulated under any applicable collective bargaining agreements,
claims for wages and bonuses, grievances, claims for other
compensation of any type arising out of any employment
relationship with the Company . . ."
are given up. Because the Claimant released the parties from all said claims, the
instant claim is moot. Accordingly, the Board must dismiss this claim as per the
Resignation Release signed by the Claimant.
AWARD
Claim dismissed.
Form 1 Award No. 37771
Page 3 Docket No. MW-37174
06-3-02-3-155
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 25th day of April 2006.