Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11833
SECOND DIVISION Docket No. 11670
90-2-88-2-179
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 R. V. Freeman was
recalled to service on January 14, 1987, but was not permitted to begin work
until February 4, 1987.
2. That accordingly, the Pacific Fruit Express Company be ordered
to compensate Carman Freeman for all work days lost beginning on the date of
January 14, 1987 to February 4, 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,.
This is another variation of the Claim decided in our Award 11827,
involving recalls of Carmen Welders at Carrier's Tucson, Arizona facility.
In this case Claimant was mailed his recall notice on January 14, 1987. He
responded on January 19, 1987, and was given a return to duty physical the
next day. When Claimant's physical examination form was received by Carrier's
Chief Medical Officer it was noted that Claimant's signature was missing. It
was promptly returned to him on January 23, 1987. Claimant signed the form
and mailed it to Carrier's Medical Officer in an envelope postmarked January
29, 1987. On January 30, the Chief Medical Officer approved his return to
duty with lifting restrictions of 75 pounds. Claimant was notified of his
approval for return to duty on February 2, 1987, and did so on February 4.
Form 1 Award No. 11833
Page 2 Docket No. 11670 ''
90-2-88-2-179
The circumstances, and time lapses, involved in this record do not
persuade us that there is any merit to a Claim that Carrier was somehow
dilatory in effecting Claimant's return to duty. The Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 7th day of March 1990.