(Charles Orr PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "On December 14, 1976, I was told to pack my
 bags and not to come back to work by R. 0. Smith, System Rail Supervisor. There was no cause or-justification for said firing. Said firing was in violation of the Agreement between the Railroad and the Brotherhood. The Railroad agreed to reinstate me on a leniency basis without pay. The Brotherhood refuses to do anything further for me."

 OPINION OF BOARD: The claimant contended on the property that he
 was dismissed from service by Carrier's Supervisor on December 14, 1976. The Carrier responded that claimant was not dismissed, but walked off the job of his own accord.

 Claim was filed by claimant on the property for reinstatement to the service. with compensation for time lost. The claim filed by claimant was denied. The claim in behalf of claimant was then progressed on the property by the General Chairman of the Brotherhood of Maintenance of Way Employes, the Organization representing the craft 3,n which claimant had been employed.

 Section 4 of the August 21k, 1954, National Agreement, which was incorporated by reference in Rule 50 of the applicable collective bargaining agreement, provides:

The General Chairman is the duly accredited representative of the organization "to file and prosecute claims and grievances."


        The claim in behalf of claimant was handled by the l

Chairman up to and including the highest officer of the Carrier
 designated to handle such claims and disputes. In conference as
 August 23, 1977, an agreement was reached to dispose of the elates
 as set forth in letter of August 31, 1977:

                                ^CHESSIE SYSTEM


                        Baltimore, Maryland 21201


                                August 31, 1977


                                File: 2-MG-1814


    Mr. V. F. Maimone, General Chairman BrotheShood of Maintenance-of-Way Employees 407 TTnited Building Akron, Ohio 44308


    Dear Sir:


    This refers to previous correspondence on your

    file: CBHG-1804, ending with our letter to you of Jane 29,

    1977, and confirms conference field on August 23, 1977,

    cancersd g.yoar appeal from the decision of Director.

    EqOneerivg Sunderland on the claim of Central

    #hegivn Nall fang employs, Charles Z. Orr, that: 'he 'was

    mmjustly.treated by System Hail Supervisor R. 0. Smith,

    sad ...,tthat he/ be reinstated and compensated for time

    lost f~ Decker 14, 1976, until restored to duty'.


    When this matter was discussed in conference, it was agreed to dispose of this claim by reinstating Mr. Orr to his former seniority rights on a leniency basis, without pay for time lost, with the understanding that before ;esumiag duty, Mr. Orr must satisfactorily pass a physical examination so as to be qualified for Carrier's service by its Chief Medical Examiner mad with the further understanding that no claims will be made or entertained by reason of Mr. Orr being reinstated.


    If the above represents your understanding of our agreement reached in conference, please so indicate

                    Award Number 2^2458 Page 3

                    Docket Number MS-22538


      "in the space provided below and return two (2) signed copies of this letter for my file.


                              Very truly yours,


                              /s/ L. W. Barks


      I CONCUR:


      /s/ V. F. Maimone

      General Chairman


      September 2. 1977

      Date"


The settlement of the claim on the property by the General Chairman, for the Organization, and the designated officer of the Carrier, is final and binding on all parties and leaves nothing for this Board to decide. See Awards 7061, 21011 and 22440, and First Division Award 23025. The claim will be dismissed.

 FINDINGS: The Third Division of the Adjustment Board, after giving the
 parties to this dispute due notice of hearing thereon, and
 upon the whole record and all the evidence, finds and holds:

 That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the claim be dismissed.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of July 1979.