Gil Vernon, Referee


              (Norman Ray Stevens


PARTIES 7n DISPUTE:
              (Illinois Central Gulf Railroad Company


STATEMENT OF CLAIM:
        "On April 4, 1983 a six or seven month pay resignation offer was post-

ed on the bulletin boards of the Chicago Accounting Department. This offer
 was directed to all Protected Employee Clerks, both Merger and April 1, 1981,
 during a time when there was an excess of Protected Employee Clerks on the
 Account-Department Roster. This offer is a flagrant violation of Section 10
 of the Illinois Central Gulf's Merger Agreement. Under Section 10 a sepera
 tion (sic) allowance of 12 months pay must be given to those 65 and under who
 request it, in seniority number order, if an excess of protected employees
 occurs. On April 6, 1983 I requested a 12 month seperation (sic) allowance
 under Section 10 of the Merger Agreement, stating that the offer of April 4,
 1983 which ran through April 15, 1983 was in violation of the Merger
 Agreement. My requests sere denied by the Illinois Central Gulf, thus causing
 me to file a claim through the Brotherhood of Railway, Airline and Steamship
 Clerks Union. The General Chairman W. C. Woods, of the BRAC local wrote
 August 1, 1984, informing me of my grievances denial by the highest Carrier
 Officer. Therefor (sic) I am respectfully requesting 12 months salary which
 is what I was denied by the ICG's erroneous resignation offer of April 4, 1983.

 OPINION OF BOARD: The basic facts are clear. The Claimant in this case was a
 Clerk in Chicago, Illinois. From April 4, 1983, through
 April 15, 1983, the Company offered all protected Clerks six (6) or seven (7)
 months' severance pay, depending on whether the payment was lump sum or amor
 tized, in exchange for that Clerk's resignation. The Claimant requested sever
 ance pay but instead contended he was entitled to 12 months' severance pay
 pursuant to Section 10 of the Merger Protection Agreement, which states in
 pertinent part as follows:

                "Section 10 - Separation Allowance


          (a) Inasmuch as the New Company may have an excess

          number of 'Protected Employees' in any given zone

          as established by this Agreement, the New Company

          may provide for the payment of allowances to 'Pro

          tected Employees' who shall resign from the service

          so as to create whatever vacancies may be needed to

          effectively utilize the services of the force of

          'Protected Employees.' If the New Company exer

          cises the option provided in this Section, it shall

          offer the opportunity to resign and accept a sep

          aration allowance to 'Protected Employees' in sen

          iority order in the hone zone involved in lieu of

          all other protection and benefits provided under

          this Agreement.

                      Award Number 26206 Page 2

                      Locket Number MS-26075


          (b) The amount of the separation allowances shall be based upon the age of the 'Protected Employee' as of his nearest birthday on the date such allowance is offered. The amount of such allowance shall be:


                              ALLOWANCE


          Age 65 and under 12 Months' pay

          Age 66 10 Months' pay

          Age 67 8 Months' pay

          Age 68 6 Months' pay

          Age 69 and over 4 Months' pay


          at the rate of the position last occupied or protected rate, whichever is higher."


The Company denied his request and after appeal the matter is before this Hoard.

 In reviewing the record, it is the conclusion of the Board that regardless of the disputed meani "claim" before the Board over which we can properly assert jurisdiction. This is because the Claimant on November 1, 1984, signed the following "resignation and release."

          "I, Norman Ray Stevens, hereby resign from the service of the Illinois Central Gulf Railr discharge said Illinois Central Gulf Railroad Canpany from any and all claims, demands, grievances and causes of action of any nature, kind, character, or description, either at common law or under any State or Federal statute.


          It is understood that the consideration for this Resignation and Release, is the payment to me by the Illinois Central Gulf Railroad Company the sum of $13,582.08, less state and federal taxes.


          I further represent that before signing this Resignation and Release, I have fully informed myse its contents.


          This Resignation and Release signed this 1st day of November, 1984."

                      Award Number 26206 Page 3

                      Locket Number MS-26075


It has long been held that in view of such agreements, the matter is considered settled for the Third Division Awards 19527, 19528 and 19530:

          "This Hoard has consistently recognized that an employee is bound by such a settlement and release, and that in the face of such a settlement and release the disputes caning thereunder are deemed to be adjusted and this Hoard has no jurisdiction. It is not necessary for the Hoard to deal with the substantive issue raised in these dockets as the issue has been made moot."


Also see Awards 20832 and 20247.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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 is moot.


                        A WAR D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By order of Third Division


Attest: i

      Nancy J. ~Ver - Executive Secretary


Dated at Chicago, Illinois, this 12th day of December 1986.