Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9
SECOND DIVISION Docket No.
9173
2-CMStP&P-EW-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
violated the current agreement when Electrician John Mitchell was denied
four hours of compensation on July
g, 1979
while instructed to see the
company's physician.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be
ordered to compensate Mr. John Mitchell for four hours at the rate of
$9·27
per hour.
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 employ es 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.
Claimant seeks four hours of pay for the time he spent undergoing a Carrier
mandated physical examination on July
g, 1979.
On June 11,
1979
Claimant had
informed the Carrier that he would be off work until further notice due to an
injury he suffered in an automobile accident. Claimant reported to his regular
assignment on July
g, 1979
but before he was permitted to resume working, the
Carrier directed Claimant to report to the Carrier's physician for a medical
examination. Claimant obeyed the order and then returned to work the remainder
of his July
g, 1979
shift.
The Organization argues that the Carrier is required to compensate the
Claimant under Rule 1 of the applicable agreement which provides for eight standard
working hours per day. According to the organization, the Carrier ordered the
physical examination solely for its own benefit (since Claimant had already
obtained a medical release from his personal physician) and so it should pay
Claimant for one full shift on
July 9, 1979.
The Carrier asserts it has an
obligation to ascertain whether or not an employee returning from an off duty
injury is fit to return to service before allowing the employee to work. In
this case, the Carrier submits that there is no language in Rule I which prohibits
the Carrier from reasonably exercising its discretion to compel Claimant to
undergo an examination by its own physician without compensation.
Form 1
Page 2
Award No.
9096
Docket No.
9173
2-CMStP&P-EW-'82
In numerous past decisions, this Board has consistently ruled that the
Carrier, if it does not act arbitrarily and if there is no restriction in the
agreement, may withhold an employee from service for a reasonable time where the
employee reports to work after an absence due to an injury for the purpose of
conducting a physical examination. Second Division Awards No. 6233 (Dugan);
No.
6+03
(Bergman); and No. 6+76 (McGovern). Even though Claimant properly
tendered the Carrier a medical release from his personal physician, the
Carrier may reasonably ascertain through its own examination if Claimant was fit
to resume his rigorous duties in the interest of Claimant's safety as well as the
welfare of his fellow employees. In this instance, when Claimant reported to
duty on July
9, 1979
after a month long injury absence, he was withheld from
service for only four hours which is a reasonable amount of time.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
By
A ie Br
rie Br - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of May, 1982.