Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42268 Docket No. MW-42010 16-3-NRAB-00003-120366

The Third Division consisted of the regular members and in addition Referee Louis V. Imundo, Jr. when award was rendered.

(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference

PARTIES TO DISPUTE: (

(BNSF Railway Company

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier withheld Mr. S.

Bowman from service on March 23, 2009 and continuing until July 19, 2009 (System File C-09-P018-35/10-09-0333 BNR).

(2) As a consequence of the violation referred to in Part (1) above, Claimant S. Bowman shall now be compensated for all straight time and overtime hours lost during the aforesaid period at his respective and applicable rates of pay."

FINDINGS:

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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 were given due notice of hearing thereon. Form 1 Award No. 42268

Page 2 Docket No. MW-42010

16-3-NRAB-00003-120366

The Carrier did not have good and sufficient reason(s) to have delayed in requesting additional medical information from the Claimant. Accordingly, the Claimant is entitled to 21 days at the straight time rate of pay in effect at the time.

AWARD

Claim sustained in accordance with the Findings.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 21st day of April 2016.