(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Kentucky and Indiana Terminal Railroad Company

1. Carrier violated the Agreement when, without just cause, it dismissed from service Operator H.E. Taylor effective August 16, 1974.





                  (c) Pay Mr. Taylor the amount of wages he would have earned absent the violative act, less outside earnings, in event he is not promptly restored

            ' L46 work upon reporting with approval of his

                  Doctor.


                  (d) Pay Mr. Taylor any amount he incurred for medical or surgical expense for himself or dependents to the extent that such payments would have been paid by Travelers Insurance Company under Group Policy No. GA-23000 and, in event of the death of Mr. Taylor, pay his estate the amount of life insurance provided for under said policy. In addition, reimburse him for premium payments he may have made in the purchase of substitute health, welfare and life insurance.


                  (e) Pay Mr. Taylor interest at the statutory rate for the State of Indiana for any amounts due under (c) hereof.

                Award Number 20991 Page 2

                Docket Number CL-21072


OPINION OF BOARD: The record is clear that on July 17, 1974, claimant's
 wife advised Carrier's Chief Dispatcher that claimant
 was sick and unable to continue on his assignment until further notice.
 On July 31, 1974, claimant picked up his check, at which time he had some
 conversation with the Chief Dispatcher, stated that he had been ill, had
 spent some time in the hospital, but could give no definite time when he
 would be able to return to work.

 On August 13, 1974, charges were preferred against the claimant for violation of Carrier's Rule "T" of the Book of Operating Rules, with investigation set for August 16. The letter of charge was sent certified mail to claimant's last known address. When the investigation began on August 16, the Carrier knew that the letter of charge had not been delivered to claimant; however, Carrier proceeded without the claimant or his representative present, and on t was dismissed from service.

 Claimant reported on September 4, 1974, with statements from his doctors attesting to his illness. On September 24, 1974, claimant was examined by Carrier's doctors and returned to work on September 27.

 On the basis of the record we find Carrier's dismissal of claimant from the service on August 16 basis. The dismissal shall be expunged from claimant's record. However, the Carrier did have a reasonable period of time after September 4, when claimant reported for work, to have him undergo physical examination. This, no doubt, could have been accomplished in five days. We will award he be paid for time lost September 9 to September 27 under Rule 22 (b). There is no proper basis for parts (d) and (e) of the claim and they are denied.

        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;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
                Award Number 20991 Page 3

                Docket Number CL-21072


That the Agreement was violated to the extent shown in Opinion.

                    A W A R D


Findings. Claim sustained to the extent indicated in Opinion and

                      NATIONAL RAILROAD ADJUSTMENT BOARD


        0004 By Order of Third Division


ATTEST: I 1 06944--fl-" o00
        Executive Secretary


Dated at Chicago, Illinois, this 12th day of March 1976.

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