Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40256
Docket No. SG-40020
10-3-NRAB-00003-070233
(07-3-233)
The Third Division consisted of the tear members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad:
Claim on behalf of K. J. Cox, for compensation for all time lost,
including overtime, beginning on March 13, 2006, and continuing
until he is returned to his Signal Maintainer's position, account
Carrier violated the current Signalmen's Agreement, particularly
Rules 62 and 80, when it failed to allow the Claimant to return to his
position after he gave his 48 hour advance notice that he was
released to return from his medical leave of absence. Carrier's File
No. 1445235. General Chairman's File No. UPGCW-53-1224. BRS
File Case No. 13694-UP."
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. 40256
Page 2 Docket No. SG-40020
10-3-NRAB-0003-070233
(07-3-233)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
In considering this claim, the Board notes that on October 13, 2006, the
Claimant signed a formal release that states, in pertinent part, that it constitutes a
release of the Carrier "from all legal liability . . . including claims; causes of action;
actions, verdicts, judgments, or awards of money damages; costs, fees, and expenses
incurred; and demands for monetary compensation of any nature, including any
claim or action that has been discovered or that could have been discovered as of
today's date September 11, 206." That release also provides that it "is the
complete Release Agreement between the Claimant and Union Pacific Railroad
Company and that there are no written or oral understandings or agreements
directly or indirectly connected with this Release Agreement that are not expressly
set forth in this Agreement."
In light of the Claimant's signing of that release, the instant claim must be
dismissed as moot.
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 15th day of January 2010.