Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11963
SECOND DIVISION Docket No. 11846
90-2-89-2-150
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:
(Northeast Illinois Regional Commuter Railroad
( Corporation
STATEMENT OF CLAIM:
1. That the Northeast Illinois Regional Commuter Railroad Corporation
violated the terms of our Agreement, particularly Rule 32(a), when they failed
to compensate Cayman Donell McDaniel on July 15, 1988.
2. That accordingly, the Northeast Illinois Regional Commuter
Railroad Corporation be ordered to compensate Cayman Donell McDaniel four and
one-half hours at the punitive rate.
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.
Claimant injured his knee while playing basketball and was absent on
July 12, 13 and 14, 1988. He returned to duty on July 15, 1988, with an unconditional release from his personal physician. As he attempted to punch in
he was told that Carrier had scheduled an appointment with its Company Doctor
for 10:00 AM. Claimant kept the appointment and reported for duty at 11:30
AM. He was not paid for the four and one-half hours he was absent for the
Company physical examination.
The Organization contends that under the terms of Rule 32(a) reading:
"Employees coming within the scope of this agreement
will not be required to take physical examinations unless it is apparent that the employee's health or
Form 1
Page 2
Award No. 11963
Docket No. 11846
90-2-89-2-150
physical condition is such that an examination should
be made. So far as possible, physical examinations
ordered by the company at its expense shall be conducted
during regular working hours."
Claimant is entitled to be paid for the time lost. We agree, a provision in
an Agreement which requires a Carrier to make an attempt, as far as possible,
to conduct physical examinations, it orders at its expense, during regular
working hours most certainly contemplates the time necessary for the examination will not be deducted from the employees pay. Any other construction
would make the requirement that the examination if possible, be conducted during regular working hours meaningless.
The Claim has merit, it will be sustained.
A W A R D
Claim sustained.
Attest:
ancy J. v -Executive Sec tary
Dated at Chicago, Illinois, this 28th day of November 1990.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division