NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
MISS ETHEL LIGHTSTEIN
RAILWAY EXPRESS AGENCY, INC.
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
That the Agreement was not violated.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 6th day of February, 1956.
16571