AWARD NO. 7 CASE NO. 7 PARTIES TO THE DISPUTE:

Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference

vs.

Union Pacific Railroad Company


ARBITRATOR: Janice K. Frankman
 DECISION: Dismissal

 STATEMENT OF CLAIM AND MOTION:

FINDINGS:
The Board, upon the whole record and all the evidence, finds that the patties herein are Carries- and Employes within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute herein; and that the parties were given due notice of the hearing.

 Claimant has executed a Release attached as Appendix A hereto, releasing Carrier from all claims and liability arising from his employment including personal injury claims arising from accidents on June 7, 2004, and October 31, 2006, asserted in the matter of GORDON MUSCUTT v. Union Pacific Railroad Company, Case No. 080507235, filed in Multnomah Comity Circuit Court in Portland, Oregon. Claimant has averred waiver of all rights to return to active service including agreement to never seek employment with Carrier.

 Prior to hearing of this matter, Carrier moved to dismiss this case with prejudice pending execution of the attached full Release of all Claims by Claimant: Following the hearing, Carrier submitted the Release document executed by Claimant on July 22, 2008. Organization concurred with Carrier's Motion. It is therefore appropriate to grant Carrier's Motion and to dismiss the case with prejudice.





                      Neutral Member


    Dominic A. Ring / Tsrrsothy . Kreke

    Carrier Member Organization Member

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