Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7786
SECOND DIVISION Docket No. 7700
2-sP1'-Dhs-' 79

The Second :Division consisted of the regular members and in addition Referee Abraham Weiss when award was rendered.

( System Federation No. 114, Railway Enployes'

( Department, A. I'. of L. - C. I. 0.

Parties to Disrute: ( (Boilermakers )

( Southern Pacific Transportation Company

Dispute: Claim of

(1) That the Southern Fac:i.f:ic Transportation Company dealt unjustly and improperly with Boilermaker Irz.chael T. Brace by failing to afford the request mode on his behalf on about July 2, 1976 for a third physical examination to be perforrnc-~d by a neutral physician in determining his physical fitness for rc:-entry to the service o1 the Carrier. Acnordingljr, ',he Southern Fucific Transportation Company make Iv!i creel T. Brace whole by:

(2) Compensating him eight (8) hours n;i, his pro ro;,a rate of pay far each work day he is iYrDraperly held cut of service. h'urEhex, that the Carrier CU.':_rensate tl:e Ci.aiJ:ia,rat for all losses susta:i_niod., if any, caused bar the. .Loss of coverage under the Realm?i. & Welfare Agreements during the interim he is improperly told out of 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.

This case involves a request by C:L^-i;nKnt for a third medical opinion to resolve differences between Claimant's personal physician and Cartier's Chief Medical Office-,- over Cla~i:nant's physical condition to return to work following a furlough.

Claimant's own doctor. indicated that Ci,imant could do heavy physical labor, whereas Cax~x'icr's medical officer i'ru.zid that, Claizrwnt required surgery before he cold re-enter Carrier's service.

I
Form 1 Award In. '(786
Page 2 Docket No. 7700

2-sPr-.BM- t 79

the Carrier maintained that a subsequent physical examination confirmed

its original diagnosis and, therefore, no diversity in professional opinion
existed ;;uch as to warrant a neutral dcctcr^, `;. opinion. Moreover, no
Agreement rule calls for a neutral physician's exnaikr,3.tion. Carrier insists
that its disqualification of Claimant on physical gnounds is consistent
with its right to establish and maintain ;physical standards for its employees,
a right this Board has consistently uphelc%

The organization, on the other hand, stresses Vat the x·ca:;1_ issue in whether Claimant's alleged a iuierlt di ;a~I?·r-~:.L:i. f ~.es 1`z:i.~r, '>;°enk z,Torh:i.Ilg. It reaffirms its request, first raised on 'the rsz^or.~extv, for a physical exanrlrz-a'cion by a doctor not involved z'r1th either Ca,-,rler or
C;a.~.::ir:a:zt.
As to C;e.rr:i_ex·`s assertions re;ard:in physical standafds for its employees,
the Organization ary;aes that resort to a neutral physician is not oily
common in the railroad ik.du.stoy, but thnt such w t2e.ytr o1 could resolve not
only differences iii Ixofesniona=L opinion aa to th.o c::na.sterae of a phys:icaa..
disability but also differences as to an existing physical ccndition
would be dangerous to an e:.?p1o;;':.'e's health z:hi?_e p:_rfoiardIlg Lis ctut_esr

Both parties also charged each other vitll tine limit violations rega,rdirzL; filing and responding to claims. Based on the peculiar facts and circumstances involved, z;e detetminc: that ''the claim is pi-operly before this Bo,7.nrd.

Upon careful consideration of the record, we hereby diec'L that Carrier shall have its Chief Medical Officer x'ec:~:~a..:uine Cl:a?.mr.rz'i: as scorn a s possible to ascertain whether Cla, imak?u.' physical condition soil a does not meet Carrier's physics:!. standards. Should such enaan.na'i-,:i.on disclose that Claimant's condition still disqualifies h:iz:, from retorning to Lis regular job, the Carrier, Ikoncalleless, is to plane Clai:na.Ixt in a job, consistent with his qualifications and experience, in which his physical condition, in ternna of the job xwou-i.re:nents, ,,Till nor endanger his health or safety of that of his fel:Loz'r emplo;yeos or that of the gene ,.-al public.

Claim sustained to the extent and in the manner set :Forth in Findings.

1`TATIO;!1L 1Y,11,1[1010 ADJUSTI-TIETHT BOARD

By Odder of Second Division

Attest: Executive Secretary
_~,... `T,~,tj:nnal Railroad Adjustment Boa~'d

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·`1pUSC~ is^,,r'1e !51"wSCh - tLCI7:i1i1.S'~.'::LiavE.' Lis.`'7:_S1iJ.LZt

Dated at Chicago, Illinois, this 4th day of' lanua.i:7,T, l;'T9.