The following Claim is hereby presented to the Carrier on behalf of Claimant Marita Carter:

(a) The Carrier violated the Family and Medical Leave Act effective February 5, 1994, enacted by Congress in 1993, when after Claimant was officially granted this leave, the Carrier permits and allows the Manager of Material Control, John Brawley, to continually harass Claimant due to her absences under FMLA on a daily basis, threatening abolishment of her job in addition to making continuous remarks to others regarding Claimant, in the Material Control Department at the Beech Grove Amtrak Facility. Local Labor Relations has already been notified of these activities, but they still continue.

(b) Claimant M. Carter now be allowed eight (8) hours pay at the punitive rate of her position for each and every day she has been off because of FMLA, which may be affected by her being constantly harassed, since she was granted FMLA on account of this violation."

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.

The Claimant requested and was granted an FNILA leave (intermittent). In the midst of that intermittent leave, the Claimant filed the instant grievance alleging harassment, which she claimed was associated with the granting of her intermittent FMLA. A short time after filing the claim, the Claimant also filed a complaint with the U. S. Department of Labor, Wages and Hour Division of the Employment Standards Administration. On June 15,1998, Carrier's Legal Department settled the Claimant's complaint with a payment of $5,000. As part of that settlement, the Claimant signed a release that any possible Carrier liability for the alleged violation of her rights began on November 6, 1995 and ended on June 2, 1998.

In light of the foregoing the Claimant is estopped from pursuing this claim through the present forum.