PUBLIC LAW BOARD 964

                                                       Case No.  899
                                                      Award No.  899

 Parties to Dispute:

      United Transportation Union

           and

      Norfolk Southern Railway Company

 Statement of CLAIM

      Claim of Richmond District Yard Foreman J. D. Turnes
      for four (4) days at yard foreman's rate on December 1,
      21 3 and 4, 1992 account of not being allowed to mark
      up awaiting the results of a return to work physical
      which was taken on November 12, 1992.

 Opinion of Board:

      The claimant was medically disqualified from service on
 May 29, 1992, as a result of chronic alcoholism and seizure
 disorder.  Claimant entered the Carrier's DARS Program and was
 recommended by his counselor to be returned to service, pending a
 return-to-work physical examination by a Carrier selected
 physician. The record reveals that the physical  examination  was
 performed on November 18, 1992.  The Carrier's Director of
 medical Services reviewed the results of the claimant's  physical
 examination, rescinded the medical disqualification, and approved
 claimant for return to service on December 3, 1992.

      Given the circumstances of this case, we find that  claimant
 is not entitled to payment for time lost.

 Findings:

      The agreement was not violated.

 Award:

      Claim denied.

 Dated at Norfolk, Virginia, 7th day of November
 1996.                                      

                                       J. P. Criswell, Neutral member

                              K. 4d. C(11           r Member
                               4 14
                              J./0"ClarkljOiganization member

 Carrier File:  MD-5 Turnes, J.D.-2
 Org. File:      R-18521
                     A,a    R1 C3               L1U35