"1. That the Chicago and North Western Transportation Company, violated pertinent rules of the controlling agreement, effective December 1, 1985, in particular Rule 26, when they wrongfully placed Electrician Leon G. Marr on the discipline system and assessed him a five (5) day "actual suspension," after an investigation held on October 19, 1993.

2. That the Chicago and North Western Transportation Company be ordered to remove electrician Leon G. Marr from the Carrier's discipline system and that the five (5) day "actual suspension" issued October 29, 1993, be removed from his service record, and that the Carrier make him whole for all lost wages incurred, including time spent at the investigation, account of Carrier's most arbitrary and unjust action."

At the time this case arose, Claimant was employed as an electrician at the Chicago Passenger Terminal in Chicago, Illinois. On August 20, 1993, at or about 1:20 P.M., Claimant allegedly injured his left foot while stepping off a passenger coach. Claimant reported the injury to his foreman. The following day, an. Accident Investigation Team attempted to reenact the Claimant's movements with conflicting results.

On September 13, 1993, Claimant was notified to attend an investigation into the incident. Following the investigation, Claimant was assessed a five-day suspension. That discipline was appealed and progressed in the usual manner. On June 4, 1994, Claimant signed a Release in connection with the incident at issue. That Release read in pertinent part as follows:

"For and in consideration of the sum of ... is hereby paid to me by the Chicago and North Western Transportation Company, receipt of which is hereby acknowledged, .... I, Leon G. Marr, do hereby release and forever discharge the Chicago and North Western Transportation Company, its officers, employees, agents and assigns from any and all claims, demands and liabilities of every kind and nature arising out of or in connection with my employment by the Transportation Company by reason of any and all personal, bodily and mental injuries sustained by me heretofore and to this date, including among other things, all injuries and damages sustained by me while employed by the Chicago and North Western Transportation Company at or near Chicago, Illinois, on or about August 20, 1993.

It is understood and agreed that the this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace.

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