Form 1
Parties to Dispute:
Dispute: Claim of Employes:

VATZONAL RAILROAD ADJUSTMENT BOARD

S)ECOITF; DIVISION


The Second Division consisted. of the regular members and in addition Referee I:win M. Lieberman when award was rendered.

 (_ System Federation No. 42, Railway Employes'

 Department, A. F. of L
 (Carmen)

 ( Seaboard Coast Line Railroad Company

Award No. 6574

Docket No. 6378

2-SCL-CM-17 3

That accordingly., the Carrier be ordered. to restore the aforementioned Coach Cleaner to service and compensate her for all tuns lost since October 19, 1970, plus 6°fo per annum until she is restored to her rightful position, with vacation health and welfare and life insurance rights unimpaired.

 Findings:
The Second Division of the Adjustment Board., upon'the whole record and r"' 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.

 instruction:

 Parties to said. dispute waived. right of appearance at hearing thereon.

 Award No. 6539 remanded. this matter to the property with the following

 "Therefore, we direct that Carrier and Claimant (or her representative) select a. neutral third doctor for the purpose of examining Claimant, and. that the Carrier's physician, Claimant's personal physician, and the neutral doctor present a written report to this Division of the Board, within sixty (60) days of the date of this Award, stating their conclusions regarding the physical.qua.lification of Claimant for _ restoration to her job as of October 19, J_970 and at present. The neutral doctor's report need not be concurred in by both of the other . doctors. A detailed explanation of the duties of a Coach Cleaner shall also be supplied to the nentral doctor (B., · Petitioner and Carrier), so that he may properly evaluate the physical fitness of Claimant to perform the job.
 Form 1 Award No. 6574' .
 Page 2 Docket No. 6378
 "Upon receipt and consideration of the medical report directed above,
 the Board will make its final disposition of this claim." '
 s
 It would appear difficult for anyone to fail to comply with the relatively
 simple and straightforward instruction quoted above. Both the Carrier and the
 Organization have managed to do this, primarily by failing to communicate effectively
 with one another on the property. It is our observation that a mature and effective
 collective bargaining relationship ought to be able to cope with a simple matter such
 as this.

 The Carrier in its memorandum accompanying the medical report objects to4Y ' the Board having failed to cede to the neutral physician and his medical judgment the ultimate determination of this :natter. We should like to make it clear that we have no right or desire to cede our prerogatives and authority to a neutral physician
 or anyone else (See Award 4692 and 4693). _








Please see enclosed general medical report."

 Based on the medical report quoted above we find that Mrs. Hicks .is physically qualified to return to work. However, since the parties through the neutral doctor have not expressedthemselves as to the physical qualification of Mrs. Hicks to return to work as of October 19, 1970, we are unable to determine if she was physically able to return to work as of that date. We therefore restore her to service wi.h pay to commence on. September 1, 1973. (See 3rd Division Awards 16585 and 16316 and 2nd Division Award 5856).

Claim sustained; Claimant will be restored to service with pay to commence September 1, 1973; all ot=,Ler rights will be unimpaired.; no interest will be paid.
                                By Order of Second Division


Attest: Executive Secretary
          National Railroad. Adjustment Beard


By:, / cs-i-P-7-=-~-sr~.ua~ ~i~c.~! '

    Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 3rd day of October, 1973.

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