PARTIES TO DISPUTE:





STATEMENT OF CLAIM: Petitioner claims that she was wrongfully removed from her employment on the basis of an inadequate physical examination; that she is not physically incapacitated in fact; that her grievance under Rule 34 has not been heard; that Rules 98 and 87 have not been complied with and, that she is entitled to restoration to her former position and compensate for the wage loss she has sustained.

OPINION OF BOARD: The evidence of record reveals that the parties to the controlling agreement are in accord that the claim is not supported by the rules.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence finds and holds:

That the Carrier and Employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and










ATTEST: (Sgd.) A. Ivan Tummon
Secretary

Dated at Chicago, Illinois, this 6th day of February, 1956.