Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11834
SECOND
DIVISION
Docket No. 11671
90-2-88-2-180
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 I. Vences was
recalled to service on December 11, 1986, but was not permitted to begin work
until January 29, 1987.
2. That accordingly, the Pacific Fruit Express Company be ordered
to compensate Carman Vences for all work days lost beginning on the date of
December 11, 1986 to January 29, 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.
We have considered a number of disputes between Petitioner and Carrier wherein it has been alleged that Carrier somehow violated the Agreement
when it was dilatory in returning recalled Carmen Welders to service at
Tucson, Arizona, in late 1986 and early 1987. See for example our Award
11827.
In this case Claimant was mailed his recall notice on December 11,
1986. He responded on December 15, and was given his physical examination on
December 17. As was the case with several other recalled Carmen, Claimant did
not sign his Medical Examination Form. It was returned to him for signature.
Form 1 Award No. 11834
Page 2 - Docket No. 11671
90-2-88-2-180
Carrier's Chief Medical Officer received the signed form on January
7, 1987. After reviewing the data on the form a medical determination was
made that Claimant had high blood pressure. By letter dated January 12, 1987,
Claimant was advised that before he could be cleared for return to duty it
would be necessary for him to return to his physician and be placed under
medical supervision for his condition.
This Claimant did. On January 24, 1987, Claimant's personal physician advised Carrier's Medical Officer that Claimant was under his supervision
and care and was being treated for high blood pressure. On this advice, Carrier's Medical Director authorized a return to duty on January 28, 1987, which
occurred on January 29.
There are Awards of all Divisions of this Board, legion in number,
that conclude that Carrier has license to withhold employees from service in
circumstances where minimum medical standards are not met. The conduct of the
Chief Medical Officer in refusing to allow Claimant to return to duty until
such time as his high blood pressure condition, which incidentally goes undisputed in this record, is placed under supervision and treatment appears prudent under the circumstances.
The Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March 1990.