The Second Division consisted of the regular members and in
addition Referee Joseph E. Cole when award was rendered.
SYSTEM FEDERATION NO. 20, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Claimant went to his family doctor May 19, 1970, subsequently was hospitalized from May 22, 1970 to June 1, 19 70.
After being discharged from the hospital and being advised by his doctor that he could return to work, he reported for work on June 3, 1970, and was instructed by Mr. L. Howard, Division General Car Foreman, that he would have to pass physical examination by a company doctor before he could return to work. Claimant reported to hospital on .June 3, 1970, for physical exam and was told to come back June 4, 1970, because the Carrier's doctor was not available on June 3. June 4, 19 70, Claimant returned to the hospital, was examined by Carrier's Dr. Zebell, and given clearance to, and did, return to work same day, June 4, 1970.
Claimant worked for almost a month and at approximately 9:00 A. M. on July 1, 1970, he was called to the office of Mr. L. T. Howard, Division General Car Foreman, given a letter signed by Mr. L. T. Howard that he «; as temporarily disapproved for work and sent home. Claimant was notified by letter dated July 14, 1970, signed by L. T. Howard, Division General Car Foreman, that he (Claimant) was permanently disqualified from working for the Carrier.
Carrier states that its physical and mental requirements are reasonable and, in the instant case, no indication of capricious or discriminatory application of such standards is shown. Certainly no fault can be found with the expeditious manner in which Carrier returned the Claimant to service upon receipt of information that the condition which led to his disqualification was removed. It should be noted here that Claimant, through his prompt release of information from his personal physician and the prompt action taken by his doctor are to be commended and played a great part in Claimant's shortlived disqualification.
In view of the foregoing, Carrier finally asserts that the action taken by the Chief Surgeon in withholding Claimant from service was within its inherent powers and responsibilities of management, was violative of no rule of agreement, and requests this claim be denied in its entirety.
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.
it is recognized that the Carrier has the right to set up medical qualifications so that the safety for everyone is maintained, both for the carrier and the employes.
Pursuant to instructions from the proper superior, Mr. L. Howard, Claimant presented himself to the Goompany Physician for examination. He had received assurances that he was able to work for the carrier by his own personal physician Dr. Van A~rsdale. This was on June 4, 1970. The Company Physician, with full knowledge according to the record, released the claimant for work, and the claimant returned to service. Dr. Zebell was the Company Physician to whom the Claimant was instructed to be examined by.
This finding was reviewed by the Carrier's Chief Surgeon Frank L. Wilkie, M.D. who disagreed with the Company physician, Dr. Zebell, and the Claimant's personal Physician, Dr. Van Arsdale. Pursuant to his letter of June 26th, Carrier's Exhibit B, Claimant was removed from service.