Form 1 14ATIOTIAL PAILRO.0 Ar)JUSTr,7NT BOARD Award No, 8113
 SECOND DT`JISION Docket No.





Parties to Disnu to : ( (Carmn)
 (
 ( Missouri Pacific Railroad Company

 Disnute ClaiM of_ Einlo_les
 1. That the t:sissouri Pacific Railroad Co.Tmany violated Item 6 of
 the Condit .iors of E'-)l(.yr-ent .:::en they ,vit;i1-iald Carman






LaJ :d in-s
The Second Division of t'-,,.e Ad justment Board, coon the v:hole record and all tae evidence, finds that

 The carrier or carriers ~--nd the employe or employes involve :-.1 in this dispute are rsespec Lively carr'fer ~--ld e%:o1o;ve aithi=1 tie meaning of the Rail;ray Labor Act as approved J;:ne 21, 1934.

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

The dispute here _n is another in a series ,once-n_n~; tile tsme limits imposed ui)on a Carrier v:~nen an e~lo;;ree returns fro.n a dis=:bility absence and presents hiioelf, as may b^ required, for exarliration by -the Carrier's medical officials. In this in.S t?.ncv, the C:1 a.;nant ;vas released b~:; his c'.'rn physician for return to v,·ork on Febrr_-ary 20, 1,' 77 (a Sauur day), and he reported for iiork and wad d1r-Cted- -~o 1,3.:i'.'. a nhys real ex=ination alt the Carrier's :=,2dical facilities on February '2' (.'''onday). The Clairant's regular .vorl-I sched-,zle is '.`.onday tarough rida.;°. Tne record shows that t":._" Carrier received clinical information concerning Cl aiaant' a e:.a inaticn on March 3. Ire was advised on :.'.arch 10 that he could return to ~iorl>, ·ahich :-se did on Friday, :.`arch I1.
 Form 1 Page 2

Award No. 817_3

Docket No. 7984

2 MP-CM- 179


The Organization does not dispute the right of the Carrier to have employes returning from disability absence submit to a rh<Tsical examination and subsequent mddical clearance. The Organization agues, however, that prey ious awards of the Boar:I have established five vror f.n;; days as a limit during which returning e.=loyes may be withheld from work.

 In this instance, the Carrier does not disagree, but claims that the five-working-day limit begins to toll after the Carrier's Chief ?:"edical Officer has received the results of the physical exanLnation for his consideration. In th.s case, he received the information on fi,'arch 3 and released the e,_-iploye for return to -work five working days later on ivtarch 10 .

 The Board recognizes, as do the parties, that this matter is not governed by Ag_reeman-u rule. It is obvious, however, that if a Carrier could withhold a retu=in- of m1r)y a fror,, service for an indefinit : ,,^riod, then
employe ' s s eni ;..,c-nts under t.z i n ab,i A.^rement ;'oulQ, In-Jeed , i;e
affected. Line~Jy~;e, there is no d :isrute that the Carrier is ent-tied to a
 reasonable period to i7a::e its medical determination.

 The reasonable n'riod, absent co=lications anplyin; to a pa'~''ticular
 ccc^we. nd~ been d~'t''r:al_':c~ I t :ro'.i?n nrevio'as a:'lards as five z:orkin g days .
 See APJal-d \JJ. 7L/,'(2 (,:r~.1SS), %131 J{i.~_C_:~l'.S~ and 6734 ('l7'L'_~f'.'il), !r^·...c_.ly,
 the ;,,iord r1v'O._=2r,._.ti as "five _.r~ ·n 7 -i _-..s the R1~:'R_ ~^.7 available
to the Carrier'.; medical officer, not a particular employer .~,e., T,'onday
 through Friday.

 The Board does not agree with the Carrier's arg,_,m~:nt i,hat the five working days be?in only after all tea is are co::;nleted. ';ere this to be `', a^Cep tied, 1t i:7?ild r:?1,ui tI13t such tests might ~, c:. i° ar, indccf inl to ceri od of
 .'. c~ the ·e 1 `. .a. .i. resume 1r. ~ a
 times, to the de uriMent of i employ e ,_;:~ ~o r~resume · .v_ _~ .In;,
 iii absence of cool ications or the reau.1eaent for vnuoual test-:ng, the Board
 finds that tile live-day limit b4-an .,iUh tae day folio:^rinct*le ~xaminat~ on
 (Tuesday, I larch 1) and end-ad ,,.rith .:onday, i;arch l . Sinea the {l aimant was
 not permitted to return to work yLn-uil ::.:arch 11, t e claim for the inter:; eni~_;
 days (March C . ° and 10) is proper.

 A "! A R D
Claim sustained.

 Attest: Executive Secretary
 National Railroad Adjustment Board

NATIONAL RAILROAD ADJUST":SNT B.OARLD

By Order of Second Divisi on


By / y.-'c:'~''L--.^~(~,.~''u` `---''
 ~~!?i ::1r ie 1?rasc: i - A ,a:.i:niS Li'-.: ;1'r'e .Ass i:i tari v

 Dated at ~Chicao, Ill inois, this 27th day of September, 1979.