Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11548
SECOND DIVISION Docket No. 11225
88-2-86-2-34
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Company
STATEMENT OF CLAIM:
1. That the Grand Trunk Western Railroad Company violated the controlling agreement when Carman Rosco Smith was denied the right to return to
service on February 18, 1985 and subsequent thereto.
2. That the Grand Trunk Western Railroad Company be ordered to compensate Carman Smith for all time lost from February 18, 1985 until his return to
employment. Also, reimbursement for all losses sustained account of any loss
he may incur in coverage under Health and Welfare and Life Insurance during
time held out of service.
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 employer involved in this
dispute are respectively carrier and employer 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, while on duty on February 6, 1978, was injured and the
tip of his fourth finger was amputated. He was then assigned light duty work,
when it was available. However, on November 7, 1980, the Claimant was advised
that: "Due to you not being able to work the light duty we have available for
you because of the cold weather allegedly causing you to experience pain in
your finger, there is no alternative other than to lay you off." Subsequently, the Claimant filed a Claim, essentially contending that he was improperly
denied work as a Carman. His Claim was denied by the Second Division in its
Award 10255, rendered February 6, 1985. That Award, while denying the Claim
also stated, in part, that the "Board encourages the parties to continue their
efforts to find suitable alternative work for this Claimant."
Form 1 Award No. 11548
Page 2 Docket No. 11225
88-2-86-2-34
What essentialy is at issue here is the organization's contention _
that the Carrier has not complied with the intent of Second Division Award
10255. In so asserting, it states that the Claimant could perform the duties
of "Leading Inspector to work as write-up man", a position that was awarded to
a person junior to the Claimant.
We basically find that the matter before us in this Claim involves
the same essential issues considered by the Second Division when rendering
Award 10255. The position which the Claimant seeks requires a fully qualified
Carman. The Claimant's physical condition, as reflected by the record before
us, would prevent him from performing this work. Accordingly, under all the
circumstances, we must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ~//~ _,/
i.
Nancy J _,1199tr - Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.