(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Union Pacific Railroad Company



(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





        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.