Form 1 NATIONAL RAILROAD A'DJUST2~E1VT BOARD Award No. $030
SECOND DTVISION Docket No. 7723
2-T&P-CM-'79
The Second Division consisted oz' the .regular members and in
addition Referee James F, ;>cearce when award was rendered.
( System Federation No, 121, Railway Employes'
Department., A. F. of L. - C. 1. 0.
Parties to Dispute: ( (Carmen)
( Texas and Pacific Railway Company
Dispute: Cla:~m of Fmployes:
1. That the Texas and Pacific Railway Company violated the rights of
Cayman Z. L. Gonzales,
Jr.,
Avondale, Louisiana, by withholding
him from service since August
24, 1976,
in violation of Rule 24
of the controlling agreement,
2, That accordingly, the Texas and Pacific Railway Company be ordered
to compensate Cayman Gonzales in the amount of eight hours
(8')
per day, rive
(5)
days per week at straight time rate carrrnencing
August
24, 1976,
and continuing untz.l this dislrate is settled;
also other benefits that an active employe would receive.
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 Tabor Act as approved June 21,
193+.
This Division of the Adju,_rtment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute -~r'a.ived right of appearance at hearing thereon.
The facts bear out that the Claimant, with some five years of employment
at the time of his being removed from service, was found to have impairment
of hearing which placed him below the acceptable medical limits. Such a
circumstance exposed both himself, other crew members to potential harm and
the Carrier to potential liability. Notwithstanding the fact that his hearing
was possibly in no more deteriorated status than at the time of his employment
we cannot ignore the clear sholrring that, regardless of what happened prior
to the point of discovery of his hearing impairment, the Claimant eras a
potential hazard to himself and others postfactum such discovery.
Form 1 Award No. 8034
ergo
2 Docket No. 7723
2-T&P-CN-'79
While we shall deny the claim herein, we encourage the Carrier to seek
a job which wa..Z1 permit the Claimant gainful employment commensurate with
his handicap, considering his five years of service. It is pointed out
that whit the argument can be made that the Claimant did have the opportunity
to work for that period, he may well have foregone other employment
alternatives during that same period in order to remain with the Carrier.
A W A R D
Claim is denied; the part: es are referred to the Findings for further
consideration,
NATIONAL RAT.T.MUD APJUSTMETZT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
B . ~-e---s-zest.-t~'...il,c_..~_Jt~/.%a~d,~e%--.~/
Y _,~t
's narie Bxasch - Administrative Assistant
Date~d ot (Chicago, Illinois, this 8th day of August,
1979.