AWARD NO. 123 Docket No. 123

SPECIAL BOARD OF ADJUSTMENT NO. 279

BROTHERHOODOF MAINTENANCE OF WAY EMPLOYES

versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the Committee that:

1. Carrier violated the Agreement by removing

Trackman F. L. Turner from active service

on July 17, 1974, without just cause and with

out affording him an investigation as per Rule

12, especially Section 1(a).

2. Carrier shall reimburse Claimant Turner for

all time of 8 hours each work day, includ

ing any holidays falling therein, at his re

spective trackman's rate of pay beginning July

17, 1974, and continuing until permitted to re

turn to his position as trackman with seniority,

pass and vacation rights unimpaired.

FINDINGS: The record in this case does not justify a sustain
ment of the claim on the merits. Moreover, it appears
that on May 14, 1976, the claimant signed a release of employment
rights including "any and all claims whatsoever" against the
Carrier.

Accordingly, this claim cannot be sustained.

AWARD: Claim denied.

SPEC AL BOARD OF F;,ADJUSPqNT NO. 279

_

Dudle . Whiting,- irman

A. J. nningham (~Employe Member V.. Hanika - Carrier Member

St. Louis, Mo.
November 18, 1977
File: 310-128