Public Law Board No. 5740, Awd. 3, Docket 3 (Fletcher) (UTU/CSX Trans.)

"Carrier has been unable to provide any records concerning the earlier relocation, and copies of any releases that Claimant may have signed, giving up claims for any future benefits on the same property. Carrier, has offered as an affirmative defense, that Claimant released it from further expense on this property when he was involved in the earlier relocation. It has not been able to establish this point. Accordingly, the Board is compelled to hold that Claimant is entitled to all of the benefits of Side Letter No. 1 to CSXT Labor Agreement No. 11-125-93, because Carrier has been unable to demonstrate that he released Carrier from any of these benefits."