Burlington Northern, Inc- (Formerly Northern Pacific
PARTIES ) Railway Company)
TO THE ) and
DISPUTE ) Mrs. LuVerna M. Lee (Formerly Mrs. LuVerna M. Murphy)
QUESTION
AT ISSUE: Mrs. Lee was employed by the Northern
Pacific Railway Company as a telegraph
operator, relay division, for approximately
twelve (12) years. Mrs. Lee claims that her
job as operator in the Missoula relay office
was abolished in view of the prospective
coordination (merger) of her employer-carrier
and other carriers. Mrs. Lee claims that she
is entitled to twelve (12) months' separation
allowance in accordance with Article VI of
the Mediation Agreement of February 7, 1965,
in accordance with Sections 7, 9 and 12 of
the Washington Agreement of May, 1936, and
in accordance with the Job Protection Agree
ment of January 18, 1968.
OPINION
OF BOARD: This claim was submitted to the Disputes Committee
directly by the employee through her attorney. Ori
ginally Claimant's attorney requested an opportunity to file a
rebuttal to Carrier's answering submission. The request was
granted by the Disputes Committee ("without establishing a
precedent"), although the procedures do not contemplate the
filing of such responses. However, by letter dated October 19,
1971, Claimant's attorney, Robert F. Adams, Jr., advised the
Committee that a rebuttal brief would not be filed and that
claimant "will rest her case upon her submission and the attach
ments thereto."
The issue was thereupon submitted on the voluminous
record, in which a key element is Exhibit No. 13 of Carrier's
submission. This is a letter agreement executed on November 13,
AWARD NO.
292
case No. TCU-91-W
1968, by carrier and the organization. It cites a settlement
discussion of November 12,1968, in which Claimant, in consideration of the restoration of her seniority, agreed that she had
forfeited her protected status and also agreed to drop "any and
all action under the February 7, 1965 Agreement," as well as any
court.action "resulting from the incidents in the early part of
1968." This was the period in which Claimant had alleged a violation of the February 7 Agreement in carrier's refusal to grant
her a separation allowance.
According to Carrier's unrefuted submission, Claimant
was present at the November 12 discussion, "was fully informed
of her circumstances, was capably represented by the two top
officers of the Union on the Northern Pacific System, and was
made aware of the Carrier's position in the matter by its
officers there present. Mrs. Lee then and there agreed to
abandon any further claims or requests for severance allowance
if her seniority were restored..."
The agreement restoring Claimant's seniority in 1968,
upon her waiver of a claim like that filed here, was reached with
her consent. Since Claimant and both parties had reached such
an understanding, which was embodied in a written document executed by Carrier and by her collective-bargaining representative,
Claimant is now estopped from reinstituting her claim.
A W A R D
The claim is denied.
'h; (/(
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Milton Frie'man
Neutral Member
Dated: Washington, D. C.
January
;,7,
1972,.