(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.- 6331
SECOND
DIVISION Docket No. 6147
2-SCL-CM-'72
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That under terms of the agreement, Carman T. A. Jarrard was unjustly
held out of service the period September 29, 1969 through October 2,
1969 and being placed to expense of furnishing his own transportation
for 174 miles and $2.53 for meals.
2. That accordingly the Seaboard Coast Line Railroad Company be ordered
to compensate Carman T. A. Jarrard eight (8) hours each day September
29 and 30,:and October 1, 1969, eight (8) hours at time and one-half
rate for October 2, 1969, and reimburse him for 174 miles at ten (10)
( cents per mile and reimburse him for $2.53 for meals.
-°ndins-
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.
Parties to said dispute waived right of appearance at hearing thereon.
The record shows that claimant was hospitalized due to illness from July 23,
1969,
until August 24,
1969.
On September
24, 1969,
claimant reported to the Carrier
with a statement from his personal physician, which contained the doctor's diagnosis,
with the statement that claimant would be able to return to his regular duties on
September
29, 1969.
On September
26, 1969,
Carrier's Chief Medical officer acknowledged receipt
of the report of claimant's personal physician, and advised claimant that before consideration could be given to his return to work, it would be necessary that he be
Form 1
Award No.
6331
Page 2 Docket No.
6147
- 2-SCL-CM-'72
examined by the Chief Medical Officer, end instructed claimant to report in Jacksonville, Florida for such examination at
8:30
A.M., October
2, 1969.
The claimant
reported for his examination on October 2,
1969,
and was released for normal duties
under the condition that he wear elastic supports and shin guards on lower legs at
all times while on duty. he claimant returned to duty on October
3, 1969.
Claim was presented and progressed that claimant be compensated eight hours
per day for being held out of service September
29
and 30, and October 1 and 2,
1969,
and be compensated eight hours at the overtime rate for the time he spent in meeting
the appointment with the Chief Medical Officer. He also requests that he be compen-
sated for
174
miles at rate of 10 cents per mile, and
$2.53
for noonday meal at i
Jacksonville.
In recent Award
6278
(McGovern) involving the same parties as involved herein the Hoard held that there is no question that Carrier has the inherent right to
require employes to submit themselves for physical examination before returning them
to work, but that the Carrier had the obligation to render the examination within a
reasonable time. In that case it was held that the physical examination should have
been performed within five days. We find Award
6278
to be sound and reasonable and
we adopt the principles therein set forth. We find that the physical examination of
claimant herein should have been performed within five days from September 24 or by
September
29.
We will accordingly award claimant pay for eight hours per day at
straight time rate for September 30 and October 1 and 2,
1969.
There is no evidence
to support the claim for eight hours at the overtime rate for October 2, nor is there
substantiation for the mileage or meal expense, and these portions of the claim are
denied.
A W A R D
Claim sustained to the extent indicated in Findings.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Second Division
Attest:
Executive Secretary
Wted at Chicago, Illinois, this 7th day of July, 1972.,
i