File No. 247-7073


Parties Brotherhood of Maintenance of Way Employes

 to and
 Dispute: Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)
 Statement
 of
 Claim:

      "Carrier violated Agreement Rule 12, when it dismissed B&B Helper K. W. Johnson on September 20, 1985.


      Claimant Johnson should now be allowed eight (8) hours' each workday, including any holidays and overtime which would have accrued to him beginning September 20, 1985, and continuing until reinstated to service with seniority, pass and vacation rights unimpaired."


Findings:

The Board, after hearing upon the whole record and all evidence, finds that the parties herein are carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.

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The Board has been presented with evidence that Claimant, on May 18, 1987, resigned his employment with Carrier and by so doing waived any and all claims arising under the labor contract which were either pending on the property or progressed to a tribunal, such as this Board, for final adjudication. This Board lacks substantive jurisdiction to decide the matter.

 Award: Claim dismissed as per findings.

 S. A. Hammons, r. J. J. Shannon
 Employee Memb r Carrier Member

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                Arthur T. Van Wart, Chairman and Neutral Member


                Issued: