AWARDS 87 - RESIGNATION AND RELEASE BY EMPLOYEE RELIEVES CARRIER OF CLAIMS

Second Division Award No. 12093 (Fletcher)

"Both parties to the dispute have raised numerous issues, procedural and substantive, in support of their positions. The Board finds that it need consider only one. On December 14, 1990, Petitioner executed a resignation and release from the Carrier, which included the following provision:

"`I release and forever discharge the Company from any and all claims, causes of actions, and liabilities of any kind or actions currently pending in any stage of appeal including those actions pending before the National Railroad Adjustment Board, arising out of my employment at, or termination of my employment from, the Company.'

"It is clear that such resignation and release covers the dispute before this Board in this docket. The Claim, therefore, having become moot, must be dismissed."

Fourth Division Award No. 4826 (Zusman)

"After a careful and full consideration of the record with respect to the Claimant's alleged guilt and suspension for excessive absenteeism, the Board is compelled to dismiss the instant dispute. Subsequent to the Claim, the Claimant resigned and formally withdrew all pending actions against the Long Island Railroad and before the National Railroad Adjustment Board. Accordingly, the Claim at bar is moot."

Third Division Award No. 29134 (Muessig)

"The Claimant signed a Voluntary Option Form as well as a Voluntary Separation Plan Release which, in pertinent part stated:

"`In consideration of $24,012.00, I hereby resign effective with the close of business, May 15, 1985, and voluntarily waive and relinquish any and all rights, claims, causes of action of any kind *** to which I am entitled by contract *** arising out of my employment by the Western Railroad Traffic Association and affiliated Rate Bureaus, which I have or might have against the Western Railroad Traffic Association and affiliated Rate Bureaus, their agents, employees or their member railroads.

"`In consideration of the above $24,012.00, and in lieu of any other benefits to which I might have been entitled, I am voluntarily resigning and executing this release. No promises of inducements, other than those set forth in this release have been made to me to secure my signature on this document.'

"There is nothing in the record to show that the employee's resignation was anything other than a voluntary action. By so doing, he extinguished a right that he had and it is clear, in view of the language noted above, that he relinquished his Claim. Therefore, the Association is released from all financial obligations because of the release signed by the Claimant."

First Division Award No. 24165 (Twomey)

"We agree with this position that individual employees had the right to take advantage of the Carrier's offer. And, we find that they had the right to relinquish claims filed by or on behalf of such individuals under the Schedule Agreement. Where the Organization neither sought nor obtained restrictions on the right of the Carrier to take releases, we are compelled to reject the Organization's position in this case.

"ANSWER TO QUESTION:

"The obtaining of a release of an employee's seniority and employment rights, including claims, when the employee received a voluntary severance payment from CSXT pursuant to the Crew Consist Agreement of 1989 between CSXT and the United Transportation Union (former B&O and B&OCT), did not violate said Agreement and the past practice thereunder."

Third Division Award No. 29968 (Mason)

" . . .It is well established that a voluntary resignation terminates all rights under a negotiated contract as of the date of the resignation. The Claimant's voluntary act has effectively removed this Board's authority to order reinstatement even if we were so inclined which, on the basis of this record, we are not."

Third Division Award No. 30026 (Fletcher)

"Third Division Award 25887, which is in harmony with a number of other Awards of all Divisions, held:

'The Organization contends that an employee cannot give away rights provided under the Agreement. In theory, the Board agrees with this. However, giving away "rights" and resigning from employment appear to be very different things. Claimant Schauer apparently left employment and signed a general waiver on a voluntary basis. There is no evidence that such waiver was for the purpose of undermining the principles of the Agreement. The waiver, in fact, appears to be a general release covering many things beyond the labor agreement. Under the terms of that waiver, Mr. Schauer ceased being Claimant Schauer.'

"Accordingly, in dismissing this claim the Board adopts the reasoning in Award 26345:

'This Board has no alternative but to conclude this specific release materially impacts upon our jurisdiction. See Third Division Awards 20832, 22645, 24869 and 25678. We subscribe to the view that if the language of the release supports a finding the release encompasses all claims, the employee is bound by the settlement and release. Accordingly, the Claim before us is moot and barred from our consideration.'"

Second Division Award No. 13034 (Wesman)

"At the outset, the Carrier maintains that, in view of his signing of this release, Claimant has forfeited his right to pursue the instant claim. This Board is in agreement with Carrier's position. By the foregoing Release document, Claimant has released Carrier from 'any and all claims, demands and liabilities of every kind and nature arising out of or in connection with my employment . . . .' (Emphasis added). Absent some sort of limitation reserving to Claimant the right to pursue pending grievances, his release must be viewed to include the instant claim. (See, also, Third Division Awards 23932, 26345, and 19528.) Accordingly, the instant claim must be dismissed as moot."