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:


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.



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






                          By Order of Second Division


Attest:-
        Nancy J. r - Executive Executive


Dated at Chicago, Illinois, this 7th day of March 1990.