Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11831
SECOND DIVISION Docket No. 11668
90-2-88-2-177
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 A. C. Valenzuela
was recalled to service on December 11, 1986, but was not permitted to begin
work until January 19, 1987.
2. That accordingly, the Pacific Fruit Express Company be ordered to
compensate Carman Valenzuela for all work days lost beginning on the date of
December 11, 1986 to January 19, 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 paperwork was received by Carrier's Chief Medical Officer he was advised by phone that he could return to duty. He returned
to duty three days later. In the circumstances of record we do not find that
Carrier was dilatory or that the Agreement was violated. The Claim will be
denied.
Form 1 _ Award No. 11831
Page 2 Docket No. 11668 -40
90-2-88-2-177
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:-
Nancy J. r - Executive Executive
Dated at Chicago, Illinois, this 7th day of March 1990.