NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26663
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it promoted junior extra
gang laborers J. J. Franco and R. D. Perez to sectionmen's positions ahead of
Mr. E. A. Gregory III (System File M-41/013-210-20).
(2) As a consequence of the aforesaid violation Mr. E. A. Gregory III
shall be afforded a Group 17 seniority date of December 5, 1983 on Seniority
District 60171, he shall be ranked immediately ahead of Mr. Franco on the
Sectionmen Seniority Roster for said district and he shall be compensated for
all wage loss suffered beginning sixty (60) days retroactive from July 13,
1984 and continuing until such time as the violation is corrected."
OPINION OF BOARD: The Board has been presented with a release executed by
the Claimant on May 26, 1987, which fully releases the
Carrier from any and all Claims, causes of action, and liabilities of any kind
or nature arising out of his employment with the Carrier. Hence, given that
the Claimant has fully released the Carrier from all liability, there is
nothing for this Board to decide, and the Claim is hereby 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 is moot.
A W A R D
Claim dismissed.
Award Number 26694 Page 2
Docket Number MW-26663
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. r - Executive Secretary
Dated at Chicago, Illinois this 23rd day of November 1987.