Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11836
SECOND
DIVISION
Docket
No.
11674
90-2-88-2-183
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 J. L. Silverman
was recalled to service on January 14,. 1987, but was not permitted to begin
work until February 17, 1987.
2. That accordingly, the Pacific Fruit Express Company be ordered
to compensate Carman Silverman for all work days lost beginning on the date of
January 14, 1987 to February 17, 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, February 11, 1987, he was advised by phone that he could return
to duty. Claimant, however advised Carrier that he needed an additional five
days time before reporting. He reported on February 17, 1987.
Even if a showing had been made, by Petitioner, that Carrier was
dilatory in effecting Claimant's recall, there is no showing in this record
that he would have been able to report for duty any earlier than the date he
reported. Accordingly, 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.
Form 1 _ Award No. 11836
Page 2 Docket No. 11674
90-2-88-2-183
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March 1990.