(Advance copy. The usual printed copies will be sent later.)
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 Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Aware No. 6470
 SECOND DIVISION Docket No. 6366
 2-MP-SM-173
 The Second Division consisted of the regular members and in
 addition Referee John J. McGovern when award was rendered.
 ( System Federation No. 2, Railway Employes' f
 ( Department, A. F. of L. - C. I. 0.




    Dispute: Claim of floyes:


              1. That the Missouri Pacific Railroad Company violated the controlling Agreement, particularly Ru3es 13(a), 13(c), 25 and Item 6 of Conditions of Employment, when Sheet Metal Worker W. G. Aguirre, Houston, Texas was instructed to report to the Company doctor for physical examination during his working hours on November 1, 1971 without compensation.


              2e That accordingly, the Missouri Pacific Railroad Company be ordered to compensate Sheet Metal Worker W. G. Aguirre in the amount of sin (6) hours at the pro rata rate for complying with Company orders during working hours November 1, 1971.

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    Findings:


    The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

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    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.'


    On July 27, 1971, claimant entered the hospital as a patient and was released by his personal Physician on October 28, 1971 to return to work on November 1, 1971. On that date, he reported to the Master Mechanic's office with a release from his personal Physician. Since he had been off duty more than thirty days, the Master Mechanic required that he report to the Carrier's medical officer before he was permitted to re-assume his duties. He was examined

    by said Doctor and returned to duty. He worked two hours, the other six having i

    been consumed by waiting for the physical etc.

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            Petitioner alleges a violation of Rule 13(c) which follows:

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            "When the employe creating a temporary vacancy returns,.he will assume his regular assignment."

Form l
 Award No. r-47"
 Page 2 Docket No. 63 Q'
 2-MP-SM-'73
 As we held in Award 6331, Carrier has the inherent right to require
 employes to be certified as physically capable of performing their duties
 particularly after a long period of hospitalization. The interests of safety
 to fellow employees, the public safety etc. is of paramount consideration. The
 only obligation of Carrier in this type of situation is that the Physical should
 be done within a reasonable period of time. That has been done in this case.
 We cannot find that Carrier has violated the Agreement. We will deny the
 claim.
 A W A R D

        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By Order of Second Division


Attest:

 ,/

 Executive Secretary

 Dated at Chicago, Illinois, this 30th day of April, 1073.

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