Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28397
 THIRD DIVISION Docket No. MS-27775
 90-3-87-3-392
 The Third Division consisted of the regular members and in
 addition Referee Irwin M. Lieberman when award was rendered.

 (Boris L. Merrick PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "Of violating rules 1, 2, 5, 9, 19, and 62 of the Agreement between Burlington Northern Railroad Company and its employes represented by the Brotherhood of Maintenance of Way Employes."

 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.

Claimant herein had been on furlough for over ninety days. He was recalled to a Carpenter's position and on August 20, 1985 was instructed to appear for a return-to-work physical examination. For unknown reasons he did not appear for the physical examination until September 20, 1985. He was cleared to return to work and did so on September 23, 1985. Claimant worked for one week as a Carpenter and then assumed the position of a truck driver on September 30, 1985. A Claim was filed on behalf of Claimant by his Local Chairman on October 20, 1985. That Claim was for pay for the period from August 26 until September 30, 1985, since it was alleged that an employee with no seniority as a truck driver drove such a vehicle during the period in question and it is alleged assignment. The Claim on the property was withdrawn without prejudice by the Organization by letter dated April 20, 1987.
 Form 1 Award No. 28397
 Page 2 Docket No. MS-27775
 90-3-87-3-392

 This Board cannot address the merits involved in this dispute in view of the circumstances surrounding the disposition of the dispute during the handling on the property. The Organization's General Chairman is the statutory representative of all Brotherhood of Maintenance of Way Employes. In that capacity he has the right to file claims on behalf of such employees and handle those claims to a conclusion. Included in his claims if he chooses. In this instance it appears that the General Chairman found that Claimant had not appeared for his physical examination during the Claim period and therefore concluded that the Claim should be withdrawn. This Board has no authority to overrule an agreement made between the Organization and the Carrier, in this instance an agreement to withdraw the Claim. Hence, the Claim must be dismissed.




                          By Order of Third Division


Attest:
        Nancy J ver - Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1990.