Docket No. MW-FTW-89-36(SG)


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Norfolk and Western Railway Company
 (Former Wabash)

 Statement
 of Claim: Claim of M. G. Dawson for reinstatement as a result of a
 November 10, 1989 investigation concerning persist and
 unsafe work practices, failure to properly report an alleged
 October 5, 1989 injury and providing false information
 regarding this alleged injury.

        Findings: The Board has jurisdiction of the of this case by reason of the parties Agreement establishing this Board therefor.


        The Board was advised at the hearing that prior thereto, on May 8, the Claimant had entered into a compromise settlement. In the body of the agreement therefor (Item 2), in part, read:


        " ..agree to dismiss, cancel, terminate, withdraw, and release any and all claims by me or in my behalf for reinstatement, including pay for lost time, vacation and holiday pay health and welfare benefits arising out of alleged wrongful discharge from date of my dismissal from service of Norfolk and Western Railway Company, on November 27, 1989,..."


        Pursuant to the adopted policy of this Board involving a separation settlement our having made a special settlement the instant claim is dismissed by the Board without prejudice to the positions of the parties.


Award: Claim dismissed as per findings.

 S. arnmons, Jr. Employee Member F.-Miller, Jr " rrier Member

Arthur . Van lr~art-, Chairman

and Neutral Member


Issued December 31, 1991.