Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11542
SECOND DIVISION Docket No. 11203
88-2-85-2-344
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Western Lines)
STATEMENT OF CLAIM:
1. That the Carrier violated Rules 26 and 39 of the current Motive
Power and Car Department Agreement.
2. That claimant Richard Brown be compensated by the Carrier for 208
hours pay at his straight time rate for the period of time November 2, 1984 to
December 7, 1984.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employs 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 essence of this Claim, which was filed on December 20, 1984,
concerns the Claimant's physical ability to perform the normal range of a Sheet
Metal Worker duties. The record shows that the Claimant had a series of
medical problems. On November 1, 1984, his physician released him for return
to duty, but with a restriction that he could not lift over fifty (50) pounds
during the performance of his work. The Carrier determined that there were no
jobs available that could satisfy the medical restriction placed on the Claimant.
Although there are various and sundry allegations and contentions advanced by both parties, essentially it is the Carrier's determination (that it
did not have a position available to match the Claimant's physical condition)
which is being challenged here.
Form 1 Award No. 11542
Page 2 Docket No. 11203
88-2-85-2-344
We have carefully considered the evidence properly before us and have
weighed the well-stated arguments of the parties. Clearly, there was a physical limitation that prevented the Claimant from successfully performing the
normal tasks required of a Sheet Metal Worker. And, while the Carrier in its
general role as an employer may be expected to view and sympathetically consider an employee's physical limitations with respect to its employment practices, it is not required to create a position under the circumstances of
record. We find no evidence that a proper position was available which could
have accommodated the medical restrictions placed upon the Claimant.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy Jeer - Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.