The Second Division consisted of the regular members and in
addition Referee Frank M. Swacker when award was rendered.
SYSTEM FEDERATION NO. 132, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Carmen)
ALABAMA, TENNESSEE AND NORTHEl(N RAILROAD
COMPANY
DISPUTE: CLAIM OF EMPLOYES: That Carman Helper R. P. Green was unjustly deprived of his service rights from October 14, 1949 to May 26, 1950 and accordingly, the carrier be ordered to compensate him for all time lost during said period.
EMPLOYES' STATEMENT OF FACTS: Carman Helper R. P. Green, hereinafter referred to as the claimant, was employed by the carrier as a carman helper at York, Alabama, March 15, 1943. About 11 A. M. September 15, 1949, while pursuing his regular duties, claimant fell from the deck of a car, was made momentarily unconscious and suffered injury to one of his legs. Claimant was given medical attention on the spot by one Doctor C. A. Jackson who was called after it was found that Dr. R. C. Hill, who usually attends employes of the carrier in cases of injury, was not available. After receiving attention from Dr. Jackson, claimant was removed to his home, was examined by Dr. Hill later in the day, and continued under his care until October 13, 1949, at which time he was discharged from treatment and declared able to return to work by Dr. Hill. Claimant reported for work October 13, 1949, and was instructed to report to Dr. G. G. Oswalt at Mobile, Alabama, for an examination. Dr. Oswalt examined claimant on October 14, 1949, and on the same day, addressed the following letter to the carrier:
Claim presented by the employes in this case is entirely without merit, and carrier respectfully requests the Board deny the claim.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employ es involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Whatever the ailment from which claimant suffered may have been that resulted in his "blacking out," the carrier was certainly amply warranted in taking him out of service until it was at least established on his behalf that he was not a hazard to the public, his fellow employes, and himself. When he produced a certificate from his physician to the effect that he was not suffering from the malady supposed, the carrier promptly restored him to service. Under the circumstances there is no warrant for claiming that the carrier acted otherwise than within its duty in the situation. Whatever loss claimant suffered was a consequence of his own misfortune, not of any wrongful act of the carrier.