Form i NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11589
SECOND DIVISION Docket No. 11450
88-2-87-2-97
The Second Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)

STATEMENT OF CLAIM:

1. That under the current Agreement, Mechanical Department Electrician W. D. Evans was unjustly treated when he was removed from service on March 25, 1986, and ordered to undergo medical evaluations due to a headache which caused him to leave work early on March 23, 1986.

2. That accordingly the Southern Pacific Transportation Company (Western Lines) be ordered to compensate Electrician W. D. Evans for the medical exams and that Mr. Evans be carried on the payroll for the entire period needed to complete such tests.

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.



Following two incidents (March 23 and 25, 1986) when the Claimant reported for work but shortly thereafter requested to leave due to illness, the Carrier instructed Claimant to undergo a medical examination. On March 28, 1986, Claimant was examined by his personal physician who authorized Claimant to return to work, but with duty limitations. Upon review of Claimant's medical record, the Carrier's Chief Medical Officer required a complete physical examination with X-rays. That examination was made on April 2, 1986. The Chief Medical Officer released Claimant to work without restrictions on April 28, 1986.
Form 1 Award No. 11589
Page 2 Docket No. 11450
88-2-87-2-97
The Carrier should act within a reasonable period of time from the
date when test result data and analyses become available. The physician who
examined Claimant concluded on April 2, 1986, that Claimant could perform his
regular duties. Nevertheless it was not until April 28, that the Chief Medi
cal Officer authorized Claimant's return to work. The delay in returning
Claimant to work was unreasonable and not justified. Claimant shall be paid
lost wages from April 9, 1986, until April 29, 1986.








Attest: ~ _ _ (
ancy J. r - Executive Secretary

Dated at Chicago, Illinois, this 19th day of October 1988.