The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant was working as a Carpenter on B&B Gang 805 headquartered at Sherman, Texas, on March 23, 1994. The record reveals that he completed a First Aid Log report indicating that he had injured his back while pulling ties with tie tongs earlier that morning. Claimant was taken to the hospital where he received x-rays, various prescriptions and a note to remain off work for three days.
Thereafter, Carrier dismissed Claimant on charges that his March 23, 1994 injury and eight previous work injuries were the result of unsafe work practices in violation of various Carrier Rules. The Organization requested that an Investigation be conducted, and a Hearing was scheduled for April 18, 1994. Despite three attempts to notify the Claimant of the Hearing, he did not attend due, apparently, to his being out of town. The Organization was in attendance and represented Claimant at the Hearing, where the facts of the March 23, 1994 injury and his prior injury record were detailed.
Without going into the arguments presented by the parties, the Board has been made aware of a settlement agreement entered into between the Claimant and Carrier which, in part, releases Carrier from "all claims and liabilities of every kind or nature," and acknowledges that the injuries sustained by Claimant prevent him from returning to work for Carrier, and includes a waiver and release from "any claim for present or future reinstatement." Since any remedy concerning Claimant's protest of his dismissal in this case appears to be encompassed within the settlement and release executed by the parties, we are obliged to dismiss this claim. Form 1 Award No. 32879