PARTIES TO DISPUTE:
Award No. 5 Case No. 5

 Brotherhood of Maintenance of Way

 and

 layees

 CSX Transportation, Inc. (Former Louisville and Nashville Railroad Company)

 OF CLAIM:

 Claim of the System Committee of the Brotherhood that

1. The Agreement was violated when the Carrier assigned Roadmaster L. D. Smith or Assistant Roadmaster T. W. Lang to perform track repairman's duties on January 4, 'I, 11, 12, 14, 15, 18, 22, arid 31, 1993, instead of assigning Mr. D. W. England [System File 14(7) (93) j12 (93-0369) LNR].


The Agreement was violated when the

carrier assigned Roadmaster L. b. Smith or Assistant Roadmaster T. W. Long to perform track repairman's duties an March 4, 11, 12, 14, 18, 22, 25 and 29, 1993 instead of assigning Mr. D. W. England (System File 14(24)) (93)j12(93-0620) LNR].


3. As a consequence of the violation referred to in Part (1) above, Claimant D. W. England shall be allowed sixty-four (64) hours' pay at his respective straight time rate and eight (8) hours' pay at his respective time and a half rate.


4. As a consequence of the violation referred to in Part (2) above, Claimant D. W. England shall be allowed fifty-six (56) hours' pay at his respective straight time rate and eight (8) hours' pay at his respective time and a half rate.


FINDINGS:

 This Board, upon the whole record and all of the evidence,
 finds and holds as follows:

1. That the Carrier and the Employees involved in this dispute are, respectively, Carrier and Employees within the meaning of the Railway Labor Act, as amended,; and




OPINION OF THE BOARD:

The submission in the present dispute includes a document that the Claimant executed on November 4, 199'7. The document, titled "Settlement and Final Release of All Claims, '· applies to the present matter. As a result of the release, the Board lacks jurisdiction to consider the merits of the present claim.


The Claim is dismissed in accordance with the Opinion of the Board.

Robert L. Dolas

Chairman and Neutral Member


D n~ld I:"s BartholomaPatricia AZ Madden
 Employee`Iember Carrier Member

 Dated: :~- ~ ~~.~.; . ~ ~'

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