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                                              AWARD NO.


                                              CASE N0. 10


    PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

    and

    DI97UTE ) FORT WORTH AND DENVER RAILWAY COMPANY

    STATEMENT 1. That the Carrier violated the Agreement when

    as a result of an investigation conducted

    October 22, 1980, they dismissed J. J. Sweet

    from his position of Section Laborer, said

    dismissal being capricious and unjust.

    2. That Claimant J. J. Sweet be reinstated to

    the service with seniority, vacation and

    all other rights unimpaired and, addition

    ally, that he be compensated far loss of

    'earnings suffered account his wrongful dis

    charge.


    FINDINGS: The record reveals that Claimant in this case

    suffered an injury on duty, on or about May 15,

    1980, in connection with which a settlement was reached with the

    Carrier's Claim Department, February 4, 1981.


    Said settlement contained a clause reading in part: " . and in further consideration of this settlement I hereby resign from the service of said Company and release said Company from all claims in connection with seniority _or employment rights." (Emphasis supplie


    In view of the above quoted provision of the settlement reached, the claim filed and progressed by the Organization becomes moot and is hereby dismissed.


    AWARD: The Claim is dismissed.


                          .J~


          JOSEPH LAZ , CHA RMAN r1ND NEUTRAL MEMBER


                i.~.\.~.:-


    S.E. FLEMING, EMPLOY MEMBER B.J. M,13bN, CARRIER MEMBER


    DATED: /~ -i 9- cr/