Parties to Dispute:





Statement of Claim:

      Claim on behalf of G. B. Slusser requesting that he be reinstated to

      service and paid for time lost as a result of his dismissal from service -

      following formal investigation held on September 9, 1994, in connection

      with his failure to comply with Company Policy and the instructions of

      the Carrier's Medical Director in that he did not cooperate with the

      rehabilitation required by the DARS Program.


                  [Carrier File: MW-ROAN-94-281


Upon the whole record and all theevidence, 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 89456 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,pf as follows:

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 E S' AC4- C5 e eE 74h°NE~6 To P i2,Ci~7~2' D ,Q
It)/Tfl/ N ')a J~A ~~' AND ,OS' %O
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At-Irk /N l.rCcloi2DA Nee W/TH rtf~ % f ~4~2~9~YI.
                      John C. Fletcher


ichard A. Lau E. N. acobs, Jr.
 Organization Member Carrier Member
 17
 Issued at Norfolk, VA on October ~6, 1996