_. NATIONAL RAM= AWTJS20NT BOARD

Award Number 23209

THIRD DIVISION Docket Number MW-22273

Dana E. Eischen. Referee

Brotherhood of Maintenance of Hay Employes PARTIES 1n DISPUTE:

(New Orleans Public Belt Railroad

STATRMERT OF M.AIHi: "Claim of the System Committee of the Brotherhood that:

(1) The Carrier shall. reinstate Bridgeman-Relper Frank J. Bertucci, Jr to service with all seniorit rights unimpaired.
and

(2) Claimant Bertucci shall be reimbursed for all compensation loss suffered by him as a result of being withheld from service commencing September 16, 1976 (System File 013.7)."

OPEN AF BOARD: The dispute in this docket was first addressed in Award

No. 22640 of this Division in which we held that:

"-..-Claimant has been denied improperly the 'further physical examination' to which he was entitled under Rule 29(a).

~r ~r x x ~ * it * ~r * ~r ~r ~r

This dispute is remanded to the property and Carrier is directed to comply with the provisions of Rule 29(a) of the Controlling Agreement as to the Claimant. Jurisdiction is retained by this Board to resolve further questions which may arise regarding implementation o? this Award and the computation of such damages, if any, as may be warranted by the outcome of the physical examination ordered under Rule 29."

Subsequently, in Award No. 22944, we again considered this dispute and ruled that:

"From the record of events now before this Board, it is apparent that claimant is attempting, for reasons known only to him to prevent the orderly progression ordered by this Board for the resolution of this dispute.

Award Number 23209
Docket Number MW-22223

Page 2

"Therefore, this Board now directs that
Carrier will make one final al !2W via
certified mail, return receipt requested,
or by personal delivery evidenced by
receipt, to notify claimant Bertucci to
appear for an examination on a day certain
on which an appointment can be arranged
with the appropriate physician(s). 7t
claimant fails to appear for and submit
to the scheduled ezami.nation, this Board
will conclude that he is no longer interested
in pursuing this dispute and we will there
upon order that it be dismissed with prejudioe."

The examination was scheduled as directed. Claimant Bertucci was notified via certified mail and a return receipt was obtained. Claimant Bertucci neither attended the sehsduled ermsinatioa nose gsve any reason for his non-attendance. Therefore, this dispute is hereby dismissed with prejudice.

FILINGS: 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

That this dispute has now been rendered moot.

A W A R' D

Claim dismissed.

ATTEST: &' IV &W/,J tam

Executive secretary

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 16th day of March 1981:\ ,