(Advance copy. The usual printed copies will be sent later.)
rorm 1 NATIONAL. RAILROAD ADJUSTMENT BOARD Award No. 6338
SECOND DIVISION Docket No. 6161
2-SPT(T&L)-EW-'72
The Second Division consisted of the regular members and in
addition Referee Robert, G. Williams when award was rendered.
( System Federation No. 162, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Southern Pacific Transportation Company
( (Texas & Louisiana Lines)
Dispute: Claim of Employ
1. Did the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violate Rule 15 and Rule 16 of the controlling agreement
between Southern Pacific Company (Texas and Louisiana Lines) and
Equipment Installers, Telephone and Telegraph Linemen and Groundmen
represented by System Federation No. 162, Railway Employes' Department,
AFL - CIO, effective January 1, 1968, when they removed Mr. J. M. Peace
from the service of the Carrier on August 24, 1970?
2. If so, then accordingly, the Southern Pacific Transportation Company
be ordered to restore the seniority of Mr. J. M. Peace as of September
29, 1958..
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.
Parties to said dispute waived right of appearance at hearing thereon.
Rule 15 provides for an unlimited leave of absence "in case of sickness°.
The Claimant has asserted that he was absent from work due to an arthritic condition.
A preponderance of the evidence shows,, however, that the Claimant's condition would
not prevent him from returning to his regular duties. In the medical opinion of the
Form 1 Award No. 6338
Page 2 Docket No.
6161
' 2-SPT(T&L) -EW-' 72
Carrier's doctor the Claimant was fit to return to work. The Claimant was asked to
furnish a contrary report from his personal
physician,
but none was forthcoming. An
employee who in good faith wants to take advantage of the unlimited leave provision
of Rule 15 should be willing to provide some medical evidence of his continuing illness. The Claimant in this case has not provided any current medical evidence contravening the medical opinion of the Carrier's doctor.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSI'TT BOARD
By Order of Second Division
Attest:
- 4~7·
E~Cecutive Secretary
Dated at Chicago, Illinois, this 7th day of July, 1972.
( I