PARTIES TO DISPME: ( d Workman
 (Consolidated Rail Corporation
 (Former Penn Central Transportation Company)

 STATEMENT OF CLAIM- "(1) Penn Central violated Lloyd Workman's rights
 under agreement between Penn Central and the
 Brotherhood of Maintenance of Way Employes Rule 30 part (e) on January 21,
 1976 I returned to work as a Major Foreman after being off for about
 17 months for on duty accident (L-4 & L-5 removed) on 1/22/76 was told
 by P. Blodgett to do labor work and on 1/23/76 took Hook of Rules teat at
 Toledo, O8 and alleged got 83 was told by P. Deckked that I could not
 work as form", in violation of Rule 34.

 (2) On 1/22/76 P. Blodgett threatned L. Workman bodily harm and did not comply with Rule (a) - (b) - (d) - (e) - (f) - (g).. of 34.

 (3) violation of Rule 36 (a) and part (2) of role 36 - failed to comply with sale 45, violated rule 37

 Case Bo. 1834), Federal Court RulingL

Penn Central Trans. & CONLUI are alleged accused of being a party of not
 2/tomp10lingo! Ibtttheceew (.Nab) n (cj~(and Rules Movement of agreement of

 (5) Brotherhood of Maintenance of Way Employee Union failed to liquidate this matter in violation of the Landrum Griffin Act.

 (6) As petitioner request a award of $lo0,0o0.oo as provided in the Mediation Agreement of February 10, 1971.

 (7) Lloyd Workman rights were violated in regards no hearing and no copy in writing was furnished of date taken out of service.

(9) Request a Oral hearing on all matters on 1 and 2 ages. Public Law 94-210 and Title Law 93-236 under Title of the RRRRA.
                    Docket fiber Ms-22615


OPIitMN OF HOARDS The record is clear that the claim Petitioner is
 asserting before the Hoard was not handled on the
 property as required by Section 3, First (i) of the Railway Labor Act,
 Circular No. 1 of the National Railroad Adjustment Hoard, or the rules
 of the applicable agreement covering the craft in which claimant was
 formerly employed. The claim must, therefore, be dismissed.

 The record also above that in settlement of a personal injury snit against the Carrier, the claimant, on March 4, 1977, signed a General Release in which he agreed.to "release and forever discharge" the Carrier from:

            '...all claims, demands, actions and causes of action of every kind whatsoever and including, bat without limitation of the foregoing, all liability for damagea, costs, expenses and compensation of any kind, nature or description now existing or which may hereafter rise from . or oat of injuries and damages, known or unknown,

        ,-,-.,..,permanent or otherwise, sustained or received

            by axe "


on the same date, March 4, 1977, claimant addressed a witnessed letter to the Carrier, in which be stated:

            "1h consideration of the payment made to me this date by the Consolidated Rail Corporation, I here-

        , by agree that I will not present myself for

            employment or re-employment at a,:p time in the

            ftture by the Consolidated Rail Corporation."


The General Release of Match 4, 1977 and claimant's letter of the same date preclude the progression of aoy other dispute arising out of his employment by or in behalf of claimant, and also requires dismissal of the present dispute.

 FINDINGS: The Third Division of the Adjustment Hoard, 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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Avard lfnmber 22481 Page 3

                    Docket Nambe: MS-22615


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

        That the claim be dismissed.


                    A 4l A R D


        Claim dismissed.


                      NATIONAL RAIaOAD ADJOSTMW HOARD

                      Pr Order of Third Division


ATTEST: 1
 cutive Secretary

 Dated at Chicago, Illinoia, this 24th day of August 1979.