The Third Division consisted of the regular members and in addition Referee Joan Parker when award was rendered.
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. Form 1 Award No. 39367
The record contains a letter from the Carrier advising that, in addition to the Claimant's resignation on October 31, 2005, he had executed a "Release and Settlement Agreement." The Release and Settlement Agreement irrevocably and unconditionally released and discharged the Carrier from ". . . any and ail liabilities, causes of action, claims, actions, or rights, known or unknown, arising from the Claimant's employment, including, but not limited to, any and all claims or rights which the Claimant may have accumulated under any applicable Collective Bargaining Agreement, claims for wages and bonuses, grievances, claims for other compensation of any type arising out of any employment relationship with the Company or its subsidiaries . . . ."
The language of the release agreement is broad, and it clearly absolved the Carrier from all claims and demands arising from the Claimant's employment relationship. In recognition of this broad release, and based upon applicable arbitral precedent in similar situations, (see, for example, Third Division Award 26345 and Second Division Award 12911) this claim must be viewed as moot and is hereby dismissed.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.