Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11494
SECOND DIVISION Docket No. 11356
88-2-86-2-174
The Second Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(International Brotherhood of Machinists and Aerospace
(Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (Seaboard System Railroad)
STATEMENT OF CLAIM:
1. That CSX Transportation, Inc. violated Rule 30, but not limited
thereto, of the current agreement when it unjustly dismissed Machinist
Apprentice B. J. James following an investigation held on March 18, 1986.
2. That accordingly, CSX Transportation be ordered to reinstate Ms.
James with seniority rights unimpaired, compensate her for all pay and benefits lost (made whole) as a result of said dismissal and remove all reference
to the charges from her record.
FINDINGS:
The Second Division of the Adjustment Board upon the whale record and
all the evidence, finds that:
The carrier or carriers and the employe or employees 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 were given due notice of hearing thereon.
The Claimant was charged with chronic and excessive absenteeism, and
following a formal investigation was dismissed from the service of the
Carrier on April 14, 1986. The Organization contends that the Claimant was
improperly withheld from service in January, 1985 and again in May, 1985 when
she was ready, willing and able to perform her normal duties. Furthermore,
the Organization contends that the Claimant did not receive a fair investigation.
As to the contention that the investigation was not fair, there is no
substantiation for this in the record. There is no evidence that the Hearing
Officer exhibited a predisposition against the Claimant. Charges in this
matter were brought against Claimant by her supervisor. Furthermore, there ins
no evidence that the correspondence written by the Hearing Officer, the Shop
Superintendent, to Claimant prior to the hearing compromised his investigative
function.
Form 1
Page 2
Award No. 11494
Docket No. 11356
88-2-86-2-174
Moving to the merits of this matter, it is clear that her supervisor was not aware of the contact between Claimant and the Carrier's medical
office. Other than a telephone call between Claimant's supervisor and Claimant in late January, 1985, her supervisor had no knowledge of Claimant's ongoing medical problems. The Claimant made no effort to contact her supervisor
and to keep him advised of her situation.
The letters from the Shop Superintendent and her supervisor that were
mailed to an incorrect address, compounded this lack of communication. Nevertheless, Claimant bore the primary responsibility to keep her supervisor informed; for almost a year, Claimant's supervisor knew nothing of her whereabouts or her intentions to return to work.
In January, 1985, Claimant was instructed by the Carrier's Medical
Officer that she could not be considered for return to services until her
doctor reported that she no longer required medication. It must be concluded from the record that Claimant stopped taking that medication in early
February, 1985, yet Claimant did not notify the Carrier. This matter is moat,
given Claimant's other medical problems during this period. There is no
evidence that Claimant was improperly withheld from service in January, 1985.
Again, in May 1985, Claimant attempted to return to work. Again, the.
Carrier's Medical Officer withheld approval based upon information provided by
Claimant's doctor that indicated a history of sleep problems, alcohol abuse,
depression and emotional agitation. In a letter to Claimant the Medical
Officer wrote in part:
"I am unable to authorize your return to service
unless you produce a satisfactory medical report
from all your attending physicians and also information from inpatient hospital facility that you
have successfully completed an accredited program
for recovery from the disease of alcoholism and
other substance abuse. If you so desire, you may
contact our Alcohol and Drug Abuse Coordinator in
the area to offer you any help or counseling that
you may need."
'...
any expense involved in obtaining these
reports will of necessity be your personal
financial responsibility."
Given the information contained in her doctor's report and the
Carrier's knowledge of her history of alcohol abuse, it was not unreasonable
for the Carrier to require proof of completion of a rehabilitation program and
of satisfactory medical condition.
Form 1 Award No. 11494
Page 3 Docket No. 11356
88-2-86-2-174
Compounding her situation, there is no evidence in the record that
Claimant took advantage of the assistance available through the Alcohol and
Drug Abuse Coordinator. Additionally Claimant assumed that the Carrier's
Medical Officer required all of her medical records... in Claimant's case,
truly a substantial and expensive task. However, this interpretation is not
reasonably drawn from the Medical Officer's letter. Claimant did not attempt
to contact the Medical Officer or the Coordinator to express her concerns.
Claimant was responsible for her long absence from work, primarily
due to her continuing medical problems. Moreover, she failed to keep her
supervisor properly informed. For its part, components of the Carrier did
not effectively communicate with each other regarding the circumstance of
Claimant's lengthy absence. As a consequence, Claimant's supervisor brought
charges against Claimant without full knowledge of the circumstances.
Given the circumstances of this case, Claimant shall be returned to
employment with the Carrier, with all seniority rights restored but with no
backpay providing Claimant complies with the terms of the Medical Officer's
letter of May 17, 1985.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: '
Nancy J.
~~
Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1988.