AWARD N0. 197 CASE NO. 284

SPECIAL BOARD OF ADJUSTMENT NO. 280

STATEMENT OF CLAIM:

"Claim in favor of Mr. L. E.' Childers' reinstatement to service with all rights unimpaired and paid for all lost wages beginning October 12, 1983 and continuous thereafter." (SSW-D-1129-Childers; 53-697)

The Board, after hearing upon the whole record and all the evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing thereon.

Following a hearing on the above claim, but before preparation of its decision, the Board was advised by the Carrier that Claimant had executed a "general release" relative to disposition of another matter in dispute with the Carrier. This release, among other things, stipulated:

"It is specifically understood and agreed that there' is pending before Special Board of Adjustment No. 280 between the Brotherhood of Maintenance of Way Employes

284, Docket No. SSW-D-1129-Childers, a dispute involv

ing the undersigned's discharge by Railway Company. As

part of the consideration of the sum so paid to me, I

release, disclaim, withdraw and forever discharge the

Railway Company from any and all liability in connec

tion with the pending dispute described above. I fur

ther authofize Railway Company to inform the Referee

before whom this dispute is pending that the matter in

volved in that dispute has been settled and resolved.

Should an opinion be issued by the Referee making any

kind of award to the undersigned, I further agree to

satisfy said award and release Railway Company from any

liability under such an award, without the payment of

any further consideration other than that reflected in

this release."

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