Form l NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8020
SECOND DIVISION Docket No. 790
2-MP-EW-' 79

The Second Division consisted of the regular members and in addition Referee James F. uc:earce when award was rendered.

( System Federation No. 2, Railway Employes'

Departrr.Ent, A. F. of L. C, I. 0.
Parties to Dis~ptzte: ~ (Electrical Workers)

( Missouri Pacific Railroad Company

Disrxzte: Claim of F~pZoyes:

1. That the Missouri Pacific Railroad Company violated Rule 18 of the June 15 1960 ecritrolling agreement on February 25,, 1976 and continuous when they refused. to apply the rule to Traveling Electrician J, R. J=ureson at Dev-i.l1e, Louisiana.

2. That accordingly, the Nissouri Pacific Railroad Coiikpary be ordered

to compensaae Trave?_ix~-, Electrician J. R. JU~AGeson eight hears

(8' ) at the straight ~:,:une r&.to fore February 25, 1876 and continuous

for each day thereafter until the violation J.s corrected,

3. In addition to the r.:oney amounts claimed, herein the Carrier shaLl pay claimant an additional amount of 6°,~, per annum compounded annually on the anniversary date of the claim.

Findings:

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

The carrier or carriers and the employs or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 193.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

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

In our Award r?o. 7676, which considered the medical disqualification of Claimant, we directed the parties:

"We return this matter to the property for a reassessment of the status of the Claimant's condition, the review of possible duties and encouragement for the parties to reach an agreement in the ninety (90) day period commencing with the execution of this AWARD; otherwise, the case is to be

,returned to this Board for further consideration and final action."

Foam 1 _ Award No, 8020
Page 2 Docket No. 790
2-MP-EW-' 79
Claimant's physician, Dr. R. J. Beurlot, Jr,~` re-examined him in light
of our Award, and, by letter dated October 5, 1g7~, reported to the General
Chairman:

"The above patient was ;?eevaluated on September 26, 1978,

The history and physical findings are unchanged since his

examination of May 2, 1977. s

He still would have difficulty with driving, climbing poles, ladders, bending,, stooping ox heavy h.fting."

By letter dated P1ovenber 2;. 178, Carrier's Director of Labor Relations wrote the General Cha:;.rz:ian:

"As you were adviued d~m~irtg your telc.pczone conversations with Mr, Annstzong of this office oft October 23 and November 1, 1978, the fex·sonnel Department anti tire Engineer Department have been attE-,T;:atifrzg to find a position for Mr. Jameson caz~rzensurwte with his qualifications and his ph, sica.'L condition. So far the efforts to find a, suitable job for him have been unsuccessiLLI, but we are requesting the Personnel Department to keep Mr. Jameson in mind and continue their efforts to find a suitable position for him."

Based on the foregoing, Claimant has remained in the status of physically disqualified.

our review of this record clearly demonstrates that both the organization and the Carrier have done all they can for this individual, and it :is regrettable that his physical condition frill not permit ham to work, however, this Board does not substitute its non-experienced opinion for the medical expertise of Carrier's and Claimant's physicians. We have no jurisdiction to order Carrier to create a job for Claimant, nor do we have jurisdiction to, in effect, create a job for Claimant in has own craft ox another craft. 2n fact, if, arguendo, such jurisdiction was assumable by this Board, it would be inconsistent with the clear and legal facts that Carrier, and Carrier alone, is responsible for and liable for maintaining a safe workplace and shielding physically unfit employes from position which, in Carrier's judqnent, vrould jeopardize the employees health and safety.

Under the Railway Labor Act, our jurisdiction is limited to adjusting disputes growing out of existing agreements, and, in Claimant's case, consistent with the agreement and previous decisions of this Board, we have no other jurisdiction or authority than to hold that as long as Claimant, in the normal exercise of his seniority, is unable to hold apposition which, in CarrieX~'s Chief Surgeon's opinion, meets Carrier's minimum physical standards, he must remain disqualified. We do, however, admonish the parties to continue their search for other suitable employment for Claimant.

· r

Form l Award No. 8020
Page 3 Docket No. 790
2-MP-Et~T- t 79

A 11 A R D

Claim disposed of as set forth in the findings.

NATIONAL RAILROAD ADJUS'I'IMEIVT BOARD

By order of Second Division

Attest: Executive. Secretary
National Railroad Adjustment Board

,,Rose= 'r7 a Bx'asti) . - Acbninisi;~rat:;.ve Assistant

Dated at `Chica o Illinois,, this 1st day of August, 1
, 979