Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26950
 THIRD DIVISION Docket No. MW-26562
 88-3-85-3-361
 The Third Division consisted of the regular members and in
 addition Referee Gil Vernon when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) Carpenter J. H. Swaim shall be compensated for all compensation loss suffered by him as a result of being improperly withheld from service June 20, 1984 through September 19, 1984 (System File MW-84-26-CB/53-740).

 (2) The Carrier violated the Agreement when it failed to recall J. H. Swaim to fill a II1 Painter Position June 18, 1984 through September 19, 1984 (System File MW-84-32-CB).

 (3) The claimant shall be compensated for all wage loss suffered as a result of either Part (1) and/or Part (2) above."

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

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The basic facts are undisputed. The Claimant was recalled from furloughed status by letter dated June 11, 1984, to fill a vacancy as a B&B Carpenter. On June 19, 1984, he was given a back-to-work physical examination by Dr. Joe C. Jones. On July 10, 1984, the Claimant was told he could participate in the Carrier's v returned to service.

 On July 13, 1984, two separate claims were filed by the Organization on behalf of Claimant. The first claim was the result of Claimant being withheld from service as B&B Carpenter due to his physical condition. This claim covered the period of time from June 20, 1984, until the date of his eventual reinstatement. The second claim was premised on Claimant not being recalled to service as a ill Painter. This claim covered the period of time beginning June 18, 1984.
 Form 1 Award No. 26950
 Page 2 Docket No. MW-26562
 88-3-85-3-361

 On August 27, 1984, the Carrier had the Claimant examined in Houston, Texas, by one of its physicians. As a result of these findings, Claimant was notified by letter on September 19, 1984, that he was medically approved to return to duty.

 It is the conclusion of the Board that the claim must be partially sustained. There is simply no satisfactory explanation in this record as to why the Claimant's condition was a basis to withhold him in June but not in August. For instance, there is no assertion that his condition changed for the better in the intervening time. In fact, the Organization asserted quite to the contrary. The following from a January 2, 1985, letter is relevant:

This remained unrebutted by the Carrier.

 The only defense to the instant claim was that the Claimant held no seniority as a Painter. While this is true, it is also true that the employee who was recalled had no seniority as a Painter. He was, however, junior to the Claimant on the B&B roster.

 Accordingly, we believe a violation of the Agreement occurred. However, the remedy is limited si wages between July 9 and September 24, 1984, in connection with a U.S. Department of Labor complaint wages from June 18, to July 9, 1984.




                          By Order of Third Division


Attest: _
        Nancy er - Executive -Secretary


Dated at Chicago, Illinois, this 30th day of March 1988.