SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 38
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK AND WESTERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of L. A. Elliott requesting that he be
reinstated with his seniority and paid for all time lost because
of his dismissal as a result of investigation held on Augyst 24,
1992, in connection with his failure to comply with the
Company's Medical Policy and instructions from Medical Director
J. P. Salb, in his letter dated June 4, 1990, 11...that in order
to be eligible to return to active service, he must complete any
rehabilitation required by DARS
....11
[Carrier File: MW-ROAN-92-26]
Upon the whole record and all the evidence, after hearing, the Board finds
that the parties herein are carrier and employee within the meaning of the
Railway Labor Act, as amended, and this board is duly constituted by
agreement under Public Law 89-456 and has jurisdiction of the parties and
subject matter.
This award is based on the facts and circumstances of this particular case
and shall not serve as a precedent in any other case.
AWARD
After thoroughly reviewing and considering the transcript and the parties'
presentations, the Board finds that the claim should be disposed of as
follows:
Claimant shall Present himself to Carrier within thirty days of the date
of this award and ak and pass a nhy,,ical examination and gra'st:cfph:
If he fails to do either he sha11 remain dismissed. If he ,2~4
screen and physical he shall be returned to duty without pay for time lost -
Upon return to duty he will be subiect to Carrier's DARS program.
Claim sustained as provided herein
John C. e r
Richard A. Lau E. N. Jac s, Jr.
Organization Member Carrier tuber
Issued at Norfolk, Virginia on August 30, 1993