BEFORE PUBLIC LAW BOARD NO. 6043
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION
IBT RAIL CONFERENCE
and
ILLINOIS CENTRAL RAILROAD COMPANY
Case No. 66
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The discipline [twenty (20) day suspension without pay] imposed upon the
Claimant for his alleged violation of U.S. Operating Rules - General Rule C -
Alert and Attentive, LIFE U.S. Safety Rules - Section II, Core Safety Rules # 1
and h and LIFE U.S. Safety Rules - Section II, Core Safety Rules, #13 Work
environment resulting in his personal injury while working at Mile Post 56.8 on
the Chicago Sub in Kankakee, Illinois
on
Thursday, July 31, 2008 at
approximately 3:45 P.M. is based upon unproven charges, which warrants no
discipline of any degree whatsoever (System File S.A100308.0/IC-BMWED2008-00017).
2. As a consequence of the violation referenced to in Part 1 above, Mr. E. McIntyre
is entitled to the full remedy detailed in Rule 33(i) of the Collective Bargaining
Agreement."
FINDINGS:
By notice dated August 6, 2008, the Claimant was directed to attend a formal
investigation and hearing on charges that the Claimant had violated Carrier rules and/or
regulations in connection with an incident during which the Claimant suffered a personal
injury. The investigation was conducted, as scheduled, on August 21, 2008. By notice
dated September 8, 2008, the Claimant was informed that as a result of the investigation,
he had been found guilty of violating Carrier Operating and Safety Rules, and that he was
being assessed a twenty-day suspension. The Organization subsequently filed the instant
claim on behalf of the Claimant, challenging the Carrier's decision to discipline him. The
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Carrier denied the claim.
The Carrier contends that the instant claim should be denied in its entirety because
substantial evidence proves the Claimant's guilt, because the hearing was fair and
impartial, and because the discipline assessed was not harsh, arbitrary, or an abuse of
discretion. The Organization contends that the instant claim should be sustained in its
entirety because the Carrier failed to prove the charges against the Claimant, and because
the discipline imposed serves no purpose other than punishment.
The parties being unable to resolve their dispute, this matter came before this
Board.
At the oral argument of this matter, the Carrier presented for the first time a
Release that had been signed by the Claimant settling all disputes with the Carrier. That
Release, dated March 30, 2010, states that the Claimant, Edward McIntyre, is resigning
from the service and employment of the Illinois Central Railroad and its predecessors,,
successor and affiliated companies, and "I do hereby relinquish and surrender any rights
and seniority that I may have under any agreement or contract as a machine operator, or
in any other capacity on the railroad."
That Release goes on to state that "I understand and agree that, as part of the
consideration for this resignation and the release of my personal injury claim through the
Release and Settlement Agreement dated March 30, 2010, I am not entitled or eligible to
claim any separation allowance, buyouts, or labor protective benefits, and I hereby agree
I cannot and will not make or present any claim for same."
Since the Claimant has waived all of his rights and in another document released
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the Carrier from all claims, this Board has no choice other than to dismiss the claim.
AWARD:
The claim is dismissed.
' PETEI . MEYERS
eutral Member
CARRIED M
F
MBER GANIZ ION M MBER
DATED: ~' ~~°~ DATED:
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