Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27846
THIRD DIVISION Docket No. MW-26684
89-3-85-3-432
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
Carpenter S. E. Swaim, Jr. shall be compensated for all compensation
loss suffered by him as a result of being improperly withheld from service
June 19, 1984 to September 24, 1984 (System File MW-84-31-CB/53-745)."
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.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant was recalled from furlough status by letter dated June
11, 1984, in order to fill a B&B Carpenter vacancy. As so required, a backto-work physical exami
determined that Claimant would be withheld from his return to duty.
Subsequent to that determination, the Organization filed two separate
Claims on behalf of Claimant. The first Claim was the result of Claimant being withheld from service
September 19, 1984. The second Claim was the result of Claimant not being recalled to service as a I
Third Division Award 26950 ruled on these same issues. It involved
this Carrier, the Organization and the Claimant's brother. There, the Board
stated:
Form 1 Award No. 27846
Page 2 Docket No. MW-26684
89-3-85-3-432
"Accordingly, we believe a violation of the Agreement occurred. However, the remedy is limited s
the Claimant agreed to a settlement for lost wages
between July 9 and September 24, 1984, in connection
with a U.S. Department of Labor complaint. Therefore, the Claimant is entitled only to lost wages
from June 18 to July 9, 1984."
We view Third Division Award 26950 as dispositive.
A WAR D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy Jy~Vfer - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.