Form 1 NATI0NAL RAILROAD ADJUSTMENT BOARD Award No.
7535
SECOND DIVISION Docket No.
7291
2-MP-CM-'78
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the rights
of Carman C. F. Doll, Wichita, Kansas, by withholding him from
service since January 21,
1975.
2. That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate Carman Doll in the amount of eight hours
(8')
per day at straight time rate, five
(5)
days per week
beginning May
3, 1975,
until returned to service.
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.
Claimant, a Carman at Carrier's car repair facility at Wichita, Kansas,
was given a medical disqualification which he disputes in this claim.
FolloWing absence from his assignment as a result of knee surgery Claimant's
personal physicians released him to return to work in January
1975.
In
accordance with Carrier's physical examination policy, Claimant was
required to present himself for physical examination by a Carrier physician.
This examination showed that Claimant, a man of 45 years of age, was
6
feet
1 inch tall and weighed in excess of 280 pounds. Carrier's Chief Medical
Officer, upon discovery that Claimant's height-weight ratio was so far in
excess of acceptable standards of Carrier, found that Claimant was rot
qualified medically to return to service at that time. He also-found
further that Claimant would not be qualified to return to service until
he reduced his weight to 250 pounds. This information was conveyed to
Claimant's Supervisor from the Chief Surgeon in a letter dated January 30,
1975.
Form 1 Award No.
7535
Page 2 Docket No.
7291
2-MP-CM-'78
The Organization alleges that Carrier improperly withheld Claimant from
service on this basis. The Carrier contends the claim is barred under the
time limits and, notwithstanding the foregoing, Carrier's withholding of
Claimant from service was based on a reasonable application of its physical
standards by the Chief Surgeon as found appropriate in recent Award
7230
of
this Division.
Upon consideration of the entire record and prior decisions, particularly
Award
7230
between these same parties, we conclude that Carrier's height
weight standards are reasonable and have been reasonably applied in this
case. Claimant, by failing to reduce his weight to
250
pounds in accordance
with the instructions of the Chief Surgeon, has in effect voluntarily
withheld himself from service. See also Awards
3561, 4609
and
5902.
So far
as the record shows the advise of the Chief Surgeon was not only based upon
reasonable standards but ultimately upon his concern for the health of
Claimant as well as the safety of Claimant and his fellow employes on the
job.
We have no occasion to reach and express no opinion upon the procedural
time limit question raised herein.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
7By
Z`R
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of May,
1978.
I