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 employe 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.
Claimant had been off duty because of personal illness beginning on July 21, 1991. On October 29, 1991, Carrier sent a letter to Claimant ordering her to report for an Investigation:
Following a series of postponements the investigation was held on December 6, 1991. As a result of the hearing, Claimant was dismissed.
A review of the transcript reveals the Claimant received a fair and impartial Investigation which was held in a timely manner.
A review of the record reveals that the Claimant had been off work since July 21, 1990, because of personal illness. On January 23, 1991, she attempted to return to work furnishing the Carrier with a statement that she was able to return to work. As a result of Claimant's legal action against an individual who had rear-ended her in an automobile accident, the Carrier received information the Claimant was permanently disabled. The information was received by the Carrier on October 4, 1991.
The reason the Claimant was not working was a result of the aforementioned auto accident. The record is clear that Claimant submitted information that she was able to return while at the same time medical information indicated she was permanently disabled. The information supplied in January, at best, was incomplete and in violation of the Carrier's Rules.
Based on the record, this Board finds that the Carrier did not act in an arbitrary or capricious way when it dismissed the Claimant. We will deny the claim.