Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11828
SECOND DIVISION Docket No. 11665
90-2-88-2-174
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Pacific Fruit Express Company
STATEMENT OF CLAIM:
1. That the Pacific Fruit Express Company violated the controlling
agreement, particularly Rules 19, 20, 21 and 37, when Carman L. J. Blanchard,
Jr. was recalled to service on December 11, 1986, but was not permitted to
begin work until January 23, 1987.
2. That accordingly, the Pacific Fruit Express Company be ordered to
compensate Carman Blanchard for all work days lost beginning on the date of
December 11, 1986 to January 23, 1987, Tucson, Arizona.
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 facts in this Claim are almost identical to those involved in our
Award 11827. As was the case in that Award, Claimant did not sign his medical
form at the time he participated in a return to duty physical examination. On
the date his properly completed paper work was received by Carrier's Chief
Medical Officer he was advised by phone that he could return to duty. He
returned to duty the next day. In the circumstances of this record we do not
find that Carrier was dilatory or that the Agreement was violated. The Claim
will be denied.
Form 1 Award No. 11828
Page 2 Docket No. 11665
90-2-88-2-174
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J e,,,ijj:Vr - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March 1990.