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.
In May 2002, the Claimant sustained an on-duty back injury that resulted in his absence from work. On February 28, 2008, the Claimant notified the Carrier that his treating physician released him to return to work without restrictions. The Carrier refused to permit the Claimant to return to service, contending that the Claimant did not secure a "Fitness for Duty Recommendation" given to him by the Carrier's Medical Officer. By letter dated April 21, 2003, the Organization filed the instant claim, maintaining that the Carrier's action violated Rules 19 and 36 of the Agreement.
Subsequent to the filing of the instant claim, the Claimant signed a "Release and Settlement Agreement." In this Agreement, executed on September 8, 2005, the Claimant released the Carrier from all claims and liabilities, including "Labor Claims." In addition, the Claimant represented that his sustained injuries "[w]ill forever and permanently disable me from returning to work," and accordingly, released the Carrier from all claims related thereto, including but not limited to "[alny claim arising from or in any way related to [the Claimant's] employment with said Company, including any claim for present or future reinstatement which I expressly waive and release. As part of this settlement, I hereby resign my employment (or agree not to return to work for the said Company in any capacity) effective January 1, 2007."
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.