Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12348
- SECOND DIVISION Docket No. 12068
92-2-90-2-252
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:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM:
1. That the Elgin, Joliet & Eastern Railway Company violated the
current working Agreement when they disqualified Carman J. Leigh as Wreck
Truck Driver effective at 7:00 a.m., Tuesday, June 20, 1989.
2. That the Elgin, Joliet & Eastern Railway Company be ordered to
compensate Carman J. Leigh (hereinafter referred to as Claimant), who was
available, qualified and willing to perform the work of his regular assignment
prior to June 30, 1989 as Wreck Truck Driver, as required by Rule 50, 79, 97
and 103 of the current working Agreement.
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 issues and arguments involved in this Docket are identical to
those in Second Division Award 12347, adopted this date. The only significant
difference between the Claim in Award 12347 and this Claim is that Claimant
here is a Wreck Truck Driver and the amount of money claimed is $36.00 rather
than $25.50. Award 12347 concluded that it was not a violation of Rule 103 to
disqualify an employee from a driving assignment requiring a medical certificate, upon failure to pass the medical examination, before receipt in writing
of the reasons for disqualification. This Award affirms that conclusion.
Form 1 Award No. 12348
Page 2 - Docket No. 12068
92-2-90-2-252
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
'4"
a cy D er- Executive Secretary
Dated at Chicago, Illinois, this 10th day of June 1992.