File No. 247-7429


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute: Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)
 Statement
 of
 Claim:
 "Carrier violated the current working Agreement,
 especially Rule 12, when Trackman J. D. Davis was
 assessed a thirty-day deferred suspension following
 formal investigation held at North Little Rock,
 Arkansas, on May 12, 1986."
 "The thirty-day deferred suspension assessed against
 Mr. Davis' personal record should now be removed."

 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.

                                              vo. 3 12


The Board has been presented with evidence that Claimant 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 per findings.

 SS,Ha
 . A. ,Ha i~ J. J. Shannon
        M

Employee M em ~r Carrier Member

                                t


Arthur T. Van Wart, Chairman

and Neutral Member


          Issued: i -