Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29096
THIRD DIVISION Docket No. MS-29401
92-3-90-3-431
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Diane C. Winsor
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM:
"Whether or not Diane Winsor, Employee No: 74024, has been unjustly
denied recall to her job assignment although she has been medically cleared by
physicians to return to work."
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 Board has carefully reviewed the record in this Claim. On the
basis of this review, we find that the Claimant in this case is the same
Claimant involved in Third Division Award 24254. We further find that this
Claim is based on identical contentions and facts that were considered by the
Board when it rendered Award 24254. Accordingly, we will deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. 0 -Executive Secretary
Dated at Chicago, Illinois, this 23rd day of January 1992.