PARTIES TO DISPUTE:





STATEMENT OF CLAIM: That on or about the 22nd day of January, 1952, your Petitioner was wrongfully barred from service on the Company's Pullman cars, without lawful justification or excuse; and that he has not been permitted to return to such service; and that he has not been paid any wages or compensation of any kind during the period commencing the said 22nd day of January, 1952 and ending the date of this Petition.


OPINION OF BOARD: The question at issue herein was disposed of by Award 4649 wherein this Division held, in a dispute between the parties to the same Agreement which is involved in the instant case, that it is not the function of this Board to determine whether Petitioner is or is not physically qualified.


FINDINGS: That claim for restoration to service with pay for time lost is denied in conformity with Award 4649.







ATTEST: (Sgd.) A. Ivan Tummon
Secretary

Dated at Chicago, Illinois, this 30th day of June, 1953.

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