Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11832
SECOND DIVISION Docket No. 11669
90-2-88-2-178
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 F. F. Carley was
recalled to service on December 11, 1986, but was not permitted to begin work
until January 28, 1987.
2. That accordingly, the Pacific Fruit Express Company be ordered
to compensate Carman Carley for all work days lost beginning on the date of
December 11, 1986 to January 28, 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.
The form was mailed back to Claimant for his signature. Claimant mailed it to
Carrier's Office in Roseville, California, where it was received on Friday,
January 16, 1987. That same day it was forwarded to Carrier's Medical Officer, who received it on Tuesday, January 20, 1987.
The Chief Medical Officer took a little more time in reviewing
Claimant's reports than he had in several other cases. However, on January
26, 1987 he advised that Claimant was cleared for return to duty with certain
restrictions, he could not lift over fifty pounds.
Form 1
Page 2
Award No. 11832
Docket No. 11669 V90-2-88-2-178
Claimant was immediately advised, by phone, of his approval to return
to work, with lifting restrictions, and did so, two days later, on January 28,
1987.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J. e
3off
- Executive Secretary
Dated at Chicago, Illinois, this 7th day of March 1990