Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7520
SECOND DIVISION Docket No. 7123
2-B&O-MA-'78
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
International Association of Machinists
and Aerospace Workers
Parties to Dispute:
(
( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That the Baltimore and Ohio Railroad Company be ordered to restore
Machinist Shirley P. Getty to duty as a Machinist, the position
from which he is being withheld by Carrier after receipt of a
medical evaluation certifying no physical disability or anything
else which would preclude his return to his usual job.
2. That the Baltimore and Ohio Railroad Company violated the existing
controlling agreement, Rule 33, by failing to disallow in writing
within the time limits the claim instituted on December
9,
1974,
for restoration to service of Machinist Shirley P. Getty.
3.
That the Baltimore and Ohio Railroad Company violated the
existing controlling Agreement, Rule 33, by failing to disallow
in writing the appeal to Carrier's Highest designated officer
within the applicable time limits.
That, accordingly, Machinist Shirley P. Getty be restored to duty
as a Machinist and compensated from the date of October 10, 1974,
(Claim of December
9,
1974) for all wage losses until restored to
service and that he be made whole for all vacation rights,
payment for Health and Welfare and Death benefits under Travelers
Insurance Policy GA-23000 and all other service benefits that
he would be entitled to under the Agreement.
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.
I
Form 1
Page 2
Award No. 7520
Docket No. 7123
2-B&o-MA-'78
In order to resolve this dispute, it is not necessary to set forth
the somewhat lengthy and confusing factual assertions. Suffice to say
there are numerous charges and countercharges of time limit violations by
both sides, allegations of deception and dissembling, contentions of bad
faith, and suggestions of improper conduct on the part of Organization
officials, Carrier officers and medical doctors.
Throughout all of the confusion a basic question is evident: Is
Claimant presently physically capable of performing duty as a Machinist?
In an effort to answer the question, this dispute shall be remanded to the
property fox a medical determination. We direct that a three doctor panel
be established made of up Carrier's medical officer, Claimant's physician,
and a neutral physician selected by the parties. The neutral physician
selected must be well versed in the duties of a Machinist as they relate
to this Carrier. The findings and conclusions of a majority of this
medical panel shall be final and binding.
Because of the particular facts and circumstances of this dispute,
there shall be no pay for time lost.
A W A R D
Claim disposed of per findings.
Attest: Executive Secretary
National Railroad Adjustment Board
. I ( :Z~-)-e(_
e,/
Y
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of April, 1978.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division