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 Agreement, especially
      Rule 12, when Trackman D. W. Johnson was dis

      missed from the service on January 15, 1987.


      Claimant Johnson should now, therefore, be allowed compensation for time lost from January 15, 1987 until reinstated with all past privileges, vacation and seniority 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

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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.

The Board has been presented with evidence that Claimant, on August 3, 1988 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 does not have substantive jurisdiction to decide a matter that is not in dispute.


      Award: Claim dismissed per findings.


S. A. ammons, Jr. D. A. Ring
 Employee Member Carrier Member

          Arthur T. Van Wart, Chairman and Neutral Member


    ,lsgued on the /'~ 7I day of/Ct':~ _ ' , 1989


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