Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39128
Docket No. MW-38292
08-3-NRAB-00003-040171
(04-3-171)
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier removed System
Gang employe W. Allen from service on January 13, 2003 and
withheld him from service beginning January 14, 2003 and
continuing (System File J-0350-51/1359730).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant W. Allen shall now `*** be allowed compensation
from January 14, 2003 and continuing until such time as he is
allowed to return to service for all hours he was not allowed to
work for the Union Pacific Railroad. This claim also includes
any overtime hours that Claimant Allen would have been
allowed to work. Benefits and Railroad Retirement Credits are
claimed as if he had worked."'
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 39128
Page 2 Docket No. MW-38292
08-3-NRAB-00003-040171
(04-3-171)
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.
The claim asserts that the Claimant was improperly withheld from service
commencing January 14, 2003.
As a result of an on-duty accident, the Claimant was unable to perform duties
during various periods in 2002 and 2003, including the period January 14 to March
10, 2003. On January 14, 2005, the Claimant executed a "Release of All Claims" in
exchange for payment of a sum of money from the Carrier. The release states, in
relevant part:
"I hereby release Union Pacific Railroad Company . . . formerly
known as Southern Pacific Transportation Company . . . and
Missouri Pacific Railroad Company . . . from any and all claims and
liability of every kind or nature . . . arising out of an accident on or
about the 28th day of April, 2002 at or near North Powder, Oregon,
resulting in personal injuries ...."
The release covers the dates in this claim when the Claimant alleges he was
improperly not allowed to return to service. The Claimant released the Carrier
from liability for the period in dispute. This claim must therefore be dismissed.
Form 1 Award No. 39128
Page 3 Docket No. MW-38292
08-3-NRAB-00003-040171
(04-3-171)
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 7th day of July 2008.