(Harry E. J. Marsh, Sr. _PARTIES TO DISPUTE:

STATEMENT OF CLAIM: This is to serve notice, as required by the rules of
 The National Railroad Adjustment Board, of my intention to file an ex part submission on Decembe question:

 Did the Soo Line Railroad Company unjustly terminate the service of Mr. Harry E. J. Marsh, Sr. at 4:45 P. M., February 18, 1972 on the pretext of physical, and when this was disproved, mental disqualification?

 OPINION OF BOARD: The facts show that the claimant was 78 years of age when
 he was removed from service. He had been subject to a
 physical examination annually after reaching age 65. At the last examination,
 the carrier's Medical Director disqualified claimant for service. After
 claimant submitted his own doctor's statement, the carrier requested further
 medical tests and would have involved a neutral doctor if necessary. However,
 claimant failed to present himself to the carrier's doctor to complete the
 tests.

 The petition as set forth is predicated upon the proposition that the carrier, "unjustly terminated," the claimant. The record demonstrates that the carrier did not terminate the claimant from employment. As a physically disqualified employ out and are not contradicted.

 The carrier's reliance upon the recommendation of its Medical Director is justified. Although we recommendation is based upon examinations and does not appear to be arbitrary.



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934:
                    Docket Number MS-20150


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

 By reason of the petitioner's status as explained above, the claim as framed is denied.

                      A W A R D


        Claim Denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: a-Al. Executive Secretary

 Dated at Chicago, Illinois, this 7th day of September 1973.
                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        Award Number 19906

                        THIRD DIVISION Docket Number MS-20150


                            Irving T. Bergman, Referee


          (Harry E. J. Marsh, Sr. PARTIES TO DISPUTE:

                        (Soo Line Railroad Company


          STATEMENT OF CLAIM: This is to serve notice, as required by the rules of

          The National Railroad Adjustment Board, of my intention to file an ex part submission on December 16 question:


          Did the Soo Line Railroad Company unjustly terminate the service of Mr. Harry E. J. Marsh, Sr. at 4:45 P.M., February 18, 1972 on the pretext of physical, and when this was disproved, mental disqualification?


          OPINION OF BOARD: The facts show that the claimant was 78 years of age when

          he was removed from service. He had been subject to a

          physical examination annually after reaching age 65. At the last examination,

          the carrier's Medical Director disqualified claimant for service. After

          claimant submitted his own doctor's statement, the carrier requested further

          medical tests and would have involved a neutral doctor if necessary. However,

          claimant failed to present himself to the carrier's doctor to complete the

          tests.


          The petition as set forth is predicated upon the proposition that the carrier, "unjustly terminated," the claimant. The record demonstrates that the carrier did not terminate the claimant from employment. As a physically disqualified employ out and are not contradicted.


          The carrier's reliance upon the recommendation of its Medical Director is justified. Although we do recommendation is based upon examinations and does not appear to be arbitrary.


                  FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


            That the parties waived oral hearing; That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934:


i_
 .:.i:i.tti
                    Award Number 19906 Page 2

                    Docket Number MS-20150


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

 By reason of the petitioner's status as explained above, the claim as framed is denied.

                      A W A R D


        Claim Denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: _~
 Executive Secretary

 Dated at Chicago, Illinois, this 7th day of September 1973.