The Second Division consisted of the regular members and in
addition Referee D. Emmett Ferguson when the award was rendered.
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
EMPLOYES' STATEMENT OF FACTS: Cleaner Jean Neely, hereinafter referred to as the claimant, was employed by The Pullman Company (hereinafter referred to as the carrier) on March 1, 1943. She is now employed in the capacity of cleaner at the Mott Haven Yards, in the New York District.
On January 11, 1956, the claimant was called into the foreman's office and advised to see her personal physician that evening. The claimant did not visit her personal physician, and as the result thereof she was directed to have the company doctor give her a physical examination on January 12, 1956, following which she was held out of service. A hearing was held at the request of the claimant, because of the fact that she had not previously been given a hearing prior to or at the time she was held out of service.
The circumstances that led up to the claimant being instructed to see her personal physician, and, further, the requirements by the foreman that she submit herself to a physical examination by the company doctor, are as follows:
On New Year's Eve, the claimant with her seven (7) year old daughter, was shopping in Macy's Department Store. The child became lost in the store and the claimant had an announcement made over the loud speaker by the
In this ex parte submission the company has shown that on the basis of medical evidence in its possession management properly withheld Car Cleaner Neely from service during the period January 12, 1956-August 9, 1956, because of a mental condition. Additionally, the company has shown that awards of the National Railroad Adjustment Board support management's position in this ,dispute.
The claim of the organization in behalf of Car Cleaner Neely is without merit and should be denied.
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 employes 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.
The facts contained in this submission prove that the employe did not cooperate with the employer during the period that her status was in doubt. Her attitude is understandable both from her personal point of view as well as from a medical standpoint. Because of the nature of her illness the difficulty of the carrier in assessing her condition is also understandable. Dr. Davis' favorable report dated May 7, 1956 was advanced to the company appeals officer July 20, 1956. Within a reasonable time (August 7) she was examined by Dr. Blackwell and was returned to work August 10 on a trial basis with certain reservations.
From the factual history contained herein, it may be summarized that the claimant demonstrated a behavior pattern which cast doubt on her ability to work. Under the circumstances the carrier was obligated and justified in taking the claimant out of service until the doubts were resolved. She was granted a hearing at her own request. There has been no showing of a rule violation and the claim cannot be allowed. 2726._1 l 84