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 Page 2 Award No. 3 2

                                                Case No. 37


ultimatum. Either he would furnish the required medical information by a certain date, or face the consequences.

Claimant was working 1,800 miles from home for eight consecutive days, then having six days off. He finally set up an appointment with his Doctor for May 24, only to find out at the last minute that the appointment for the 24th was canceled by the Doctor, and he was given a new time on June 5. Claimant did not immediately communicate the change in appointments, and upon returning to work on May 31, was suspended from service pending the results of the Investigation. He was subsequently dismissed for failing to comply with instructions.

After reviewing the transcript and the subsequent on-the-property handling, it is this Board's opinion that Claimant should be returned to service with all his seniority intact but without pay for time lost.

This is so because Claimant had a copy of the 1994 letter setting out his restrictions, but did not seriously look for same until after he was suspended. Claimant's approach to this matter has been anything but prompt, and to this Board it appears as though Claimant did not take his Supervisor's request seriously and made no effort to comply until it was too late.

Claimant has been out of service since May 31, 1996. The time he has lost is to serve as a reminder, albeit a somewhat harsh reminder, that when the Carrier makes a request or issues instructions, they are to be complied with promptly.

To reiterate, Claimant is to be returned to service with all his seniority rights intact, but without pay for the time he lost.

'L 8 NJ - 6-S
 ' 5-0
 Page 3 - Award No-3 -?
                                                  Case No. 37


        Claim sustained in accordance with the Findings.

        Q$D_FR

    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 date the award is adopted.


                  Robert L. Hicks, C airman & Neutral Member


    C. F. Foose, Labor (ember Greg Griff1 , Carrier Member


    Dated 71119'7