SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award NO. 44
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of Mr. D. L. Parham for reinstatement to service
as result of investigation held July 6, 1992, in connection with
Assistant Division Engineer Merilli's written instructions to
contact his office for a return-to-work physical or furnish
medical information to substantiate the claim of continued
disability.
[Carrier File MW-BHAM-92-4]
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:
alman s resignation makes is matter moot.
ine w alm
Is
aismisseu as moot
John C. F1 her
Richard A. Lau E. N. J · bs, Jr/
Organization Member Carrier ember
Issued at Norfolk, Virginia on August 30, 1993