(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier improperly withheld Trackman E. L. Gillard from service for the period beginning on July 20, 1978 and extending though August 20, 1978 (Carrier's File S 310-283).

 (2) The Carrier shall now allow Trackman E. L. Gillard eight (8) hours of pay for each work day within the claim period described above."

 OPINION OF BOARD: The Claimant had been on a leave of absence and was required
 to submit to a physical examination when he attempted to
 return to work. On July 19, 197$ the Carrier's Chief Medical Officer notified
 the Personnel Department that the Claimant was physically fit to be returned to
 work but the Carrier did not notify the Employe because it asserted a lack of a
 then current telephone number. When the Claimant personally contacted the
 Trainmaster's office at a later date he was advised that he could return to
 work, which he did on August 21, 1978.

 While it may be that the Carrier did not have the appropriate telephone number, nonetheless we do not feel that said fact should defeat the Claim. It is not uncommon to use the United States mail in an effort to reach employees; especially when they are away from the active work force and not on the payroll. `We find nothing of address for the Employe and we feel that it should have attempted to locate him through that means.

 Nonetheless, we feel that there was some obligation on the part of the Employe to mitigate the circumstances and at a point is time it is reasonable to require that he make certain inquiry as to the return to work. Accordingly, we will sustain the Claim for the period July 20 through July,31, 1978 and we will deny the Claim for the period of time after that date.

 We have noted the procedural objections raised on the property and discussed by the parties; however we are unable to find any basis for failing to consider this Claim on its merits.



                      Docket Number hb1-23401


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 the Agreement was violated.


                        A W A R D


        Claim sustained is accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Hoard

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B~
 /) Rosemarie Brasch - Administrative Assistant

 Dated et Chicago, Illinois, this 5th day of January 1983.

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