Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11819
SECOND DIVISION Docket No. 11676
90-2-88-2-190
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter 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. R. Broucher was unjustly treated when he was withheld from service on
August 14, 1987, when he was notified that no positions were available due to
medical restrictions placed on him by a Carrier paid physician after undergoing a physical examination for return to duty.
2. That accordingly the Southern Pacific Transportation Company be
ordered to restore Electrician W. R. Broucher to service with all rights
unimpaired, including service and seniority, loss of wages, vacation, payment
of hospital and medical insurance, group disability insurance, railroad retirement contributions and the loss of wages to include interest at the rate of
ten percent (l0y) per annum.
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 record shows Claimant was regularly employed by Carrier and
assigned as an Electrician to the Motive Power and Car Department at Sacramento, California.
Following some question as to Claimant's physical condition, having
been held out of service for some time, he was permitted to return to service
on November 16, 1987. The Carrier offered to dispose of the Claim involved by
allowing Claimant five days' pay.
Form 1 Award No. 11819
Page 2 Docket No. 11676 -
90-2-88-2-190
Upon review of the entire record, we find that Carrier's offer to
dispose of the Claim by allowing Claimant pay for five days was reasonable,
and the Claim will be sustained to that extent, but the Board finds no proper
basis for interest at the rate of ten percent as claimed.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
000,
Nancy J.~er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of January 1990.