Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10363
SECOND DIVISION Locket No. 9912
2-AT& SF-MA- ' 85
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( International Association of Machinists and Aerospace Workers
Parties to Dispute:
( The Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
1. That the Carrier delayed an unreasonable amount of time returning Machinist
Robert E. Kidwell (hereinafter referred to as Claimant) to service after
completion of a return to duty physical by Carrier's Medical Department..
2. That, accordingly, Claimant be compensated for all working days after
April 5, 1980, until and including April 29, 1980, at the daily rate of
$76.40 per day plus all overtime he may have been eligible for during
this period.
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 employes 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.
The Claimant had been on medical leave of absence since March 23, 1979. Upon
his initiative, the Carrier made an appointment to have him undergo a physical
examination by a private physician on March 31, 1980. The results of this examination
were received by the Carrier on April 9, 1980. The physician recommended a followup evaluation in one year and periodic checkups. In addition, he stated a concern
about allowing the Claimant to return to duty if he had to work about moving equipment.
The essentials of the above medical report and stipulation for return to duty
on April 24, 1980 were stated in Carrier's letter to the Claimant of that same
date. The Carrier contends that the Claimant declined to sign the letter acknowledging
the conditions for his return to work. Therefore, it formulated another letter,
under the date of April 29, 1980, which contained the essentials of the April 24,,
1980 letter, and sent it to the Claimant's residence. The Claimant then returned
to work on April 30, 1980.
This dispute then came about because the Organization asserts that the Claimant
was held out of service for an unreasonable period of time. As a remedy, it seeks
wages for the Claimant for the period from April 5 through April 29, 1980.
Form 1 Award
No. 10363
Page
2
Locket
No. 9912
2-AT&SF-MA-'85
Although there are certain procedural issues raised in the record, under the
circumstances here, the Board will dispose of the claim on its merits.
Certainly, there can be no serious dispute, as supported by numerous past
Awards of this Division, of the Carrier's obligation and right to medically
evaluate its employees. Furthermore, the Carrier's responsibility to perform this
function within a reasonable time frame has been well established. Accordingly,
while certain Awards of this Division cite as reasonable a specific number of days
to complete a medical evaluation process, we note that each case stands or falls on
the circumstances presented by its individual merits and must be considered on the
basis of the material submitted by the parties.
In the instant case, the Carrier, of necessity, had the initial physical
examination performed by medical personnel other than its own physician. The
report provided to the Carrier by the physician did place certain medical
constraints upon the Claimant. Therefore, given the nature of the medical
problems, and the further legitimate need to have it reviewed by the Carrier's
medical and operating personnel after it was received, it is unreasonable to expect
that all these procedures could be accomplished immediately. However, with full
recognition of these factors, we find, after our review of the past Awards of this
Division, that the time used by the Carrier, from April 9 (when it received the
initial medical report) until April 24, 1981 (the date of the first letter), did
exceed a
reasonable period of time. Accordingly, we find that pay for eight work
days is appropriate
compensation in
view of all of the circumstances of this'
record.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 10th day of April 1985.