( Express and Station Employee PARTIES TO DISPUTE:

STATEMENT OF CLAIK: Claim of the System Committee of the Brotherhood

Claim No. 1:

 (a) The Carrier violated the terms of the General Clerical Agreement when it held Miss Ionise A. Hartmeyer out of service charging her with not being medically qualified to perform service with The Chesapeake and Ohio Railway Company and on March 8, 1976, after f=ni investigation found her disqualified as a Timekeeper and,

 (b) That Miss lionise A. Hartmeyer be returned to her position of T&E Timekeeper and compensated for a'.1 wage and wage equivalents lost from February 25, 1976, the date she vas taken oat of service, because of Carrier's wrongful action.

 Claim Ho. 2:
(a) The Carrier violated the terms of the General Clerical Agreement when it again charged Miss Loaise A. Hartmeyer with not being medically qualified to perform service with The Chesapeake and Ohio Railway Company and on March 25, 1976, after final investigation found her disqualified to perform service with The Chesapeake and Ohio Railway Caapaoy and,

 (b) That Miss Louise A. Hartmeyer be restored to service and compensated for a71 wages, wage equivalents sad fringe benefits lost as a result of Carrier's wrongful action.

 OPINION OF BOARD: CThe Carrier again seems to complain about the'
 Organization combining two separate and distinct disputes handled individually on the property in one submission to the Hoard. As the Hoard has held on nmnerons occasions, there is no proper basis for such contention. The combining of the claims for presentation to the Board did not amend or alter the claims. The Carrier was not misled
                  Docket Number CL-22676


See Award 22611 involving the same parties.

 The Claimant had been in Carrier's service since April 7, 1942. Affective with close of business on February 25, 1976, claimant was withheld from service as a result of being medically disqualified by Carriers Director, Medical and Surgical Services.

 In the handling of the dispute on the property it developed that claimant had been granted a disability annuity by the Railroad Retirement Board effective February 26, 1976. The Board takes judicial notice of this nncontroverted fact. With this fact
 fully established, the Board finds the claims before it to be moot and they will accordingly be dismissed.

        FINDIMS: 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, 19311;

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

        That the claims be dismissed.


                    A W A R D


        Claims Boa. 1 and. 2 dismissed.


                        NATIML RAILROAD ADJUSM40T HOARD

                        B9 Order of Third Division


ATTSST. _, 9&4~


Dated at Chicago, Illinois, this 9th day of Novmber 1979.