Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9317
SECOND DIVISION Docket No. 9291
2-ICG-CM-'82
The Second Division consisted of the regular members and in
addition Referee Rodney E, Dennis when award was rendered.
(Brotherhood Railway Carmen of the United States and Canada

Parties to Dispute: ( Illinois Central Gulf Railroad Company

Dispute: Claim of Employes:

1. That the Illinois Central Gulf Railroad Company dealt unjustly and

improperly with Carman F. A. Koehler by refusing to honor his request

for a special physical examination by the Chief Medical Officer and,

in addition, requesting a neutral doctor to determine his physical fitness

for his reentry to the service of the Illinois Central Gulf Railroad Company.

2. Make F. A. Koehler whole by: compensating him for eight (8) hours at

the pro rata rate of pay beginning December 6, 1979 until his return to

service; further, all days lost computed toward qualification for vacation

purposes, seniority unimpaired, and all losses sustained, if any, caused

by the loss of coverage under the health and welfare agreements and all

other benefits as a condition of employment had he been permitted to

return to service.

3, The time limit was not exceeded on the local level barring the case from further handling as alleged by the Illinois Central Gulf Railroad.

Statement:

The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to Organization in ex pane form, hearing thereon was waived, and the Division is now in receipt of a request from the Carrier that the case be withdrawn.

A WAR D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Acting Executive Secretary
National Railroad Adjustment Board

By~.-,.~:s;l...~t.~..,r..~.- ~ ~~-'-~ °~°'
~bsemarie Brasch - Administrative Assistant

~Dated~ at Chicago, Illinois, this 20th day of October, 1982.