PUBLIC LAW
BOARD NC. 3308
Award No. 20
Case No. 21
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATEMyNT
OF CLAIM "Claim for reinstatement of former B&B
Mechanic P. J. Lawrence, Los Angeles
Division, with compensation for all wage
loss and all other basic benefits/rights
restored, account the claimant's resigna
tion was submitted when he was unable to
make a responsible decision."
$INDINGS Upon the whole record, the Board finds that the
patties herein are Carrier and Employes within the meaning of the
Railway Labor Act, as amended, and that this Board is duly consti
tuted
under Public
Law 89-456 and has jurisdiction of the parties
and the subject matter.
I: a letter dated March 25, 1982, Claimant advised the Carries
that h: was resigning and so stated,
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"It is my hope that you will accept my
resignation :aoac."
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The Carrier, in a letter dated March 25, 1982, advised the
claimant:
`This is to acknowledge receipt and
acceptance of your written resignation
on March 25, 1982.
Award No. 20 - 3-3b g
Page No. 2
"It is unfortunate that we are losing
such a good employee as yourself,
however, = 3o !siBh you the best of luck
in the future."
In a letter dated April 15, 1982, Claimant wrote the Carrier
requesting that he be allowed to withdraw his resignation and that
he be granted a leave of absence. The carrier advised Claimant,
by letter dated April 19, 1982, that his resignation had been
accepted and that hia employment relationship with the Company had
been officially terminated. The Carrier further advised Claimant
that the only way he could re-establish his employment was to submit
an application through their Employment office.
The Organisation contends that Claimant was in a mental state
that impaired him from making a
responsible decision
of tendering
his resignation.
After a careful review of the entire record, the board holds
that Claimant was able to make an appropriate decision at the time
he
submitted his resignation and finds that the Agreement was not
violated.
AWARD Claim denied.
Clarence H. Her=
Neutral Member
(C5)
17
Jt
Membe O ganiaation M
Dated at Chicago, Illinois
March 1, 1983