F orm 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9491
SECOND DIVISION Docket No. 9572
2-N8dJ-CM-' 83
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk and Western Railway Company violated the controlling
Agreement when Carman G. E. Wright was unjustly held out of service on
October 29, 1980, and October 30, 1980, November 3, 4, 5,
196
0, at
Frankfort, Indiana.
2. That the Norfolk and Western Railway Company be ordered to compensate
Carman G. E. Wright in the amount of three
(3)
hours on October 29,
1980, and eight (8) hours for October 30, November
3,
4, 5, 1980, all
at the straight time rate of pay.
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.
Claimant, G. E. Wright, a Carman in Carrier's employe at Frankfort, Indiana,
was held out of service on October 29 and 30, and on November 3,
4,
and
5,
1980,
account examination of his vision to ascertain if the sight in his eye was
impaired. (Claimant has only one eye.) He was examined on October 29, 1980,
and was found fit for duty. Carrier's medical examiners stated that Claimant
had normal vision with corrective lenses. He was notified on November 5, 1980,
to return to work. On November
6,
he reported in.
This Board can find no fault with Carrier's desire to have Claimant examined
for vision defects. That is Carrier's right. The problem here, however, is that
Claimant was examined on Wednesday, October 29, 1980, was declared fit for duty,
but was not notified to return to work for one week. Claimant lost 35 hours of
service as a result of this examination.
The record of this case is barren of any justification for Carrier's holding
Claimant out of service for such a long period of time after he was found fit
for duty on October 29,
1980.
Claimant should not have to bear the full burden
Form 1
Page 2
Award No. 9491
Docket No.
9572
2-N&W-CM-'83
of losing 35 hours' pay. This Board, therefore, has concluded that Claimant should
be reimbursed for two days of lost time at the pro rata rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
ie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 18th day of May, 1983.
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