"Claim and grievance on behalf of Electrician J. P. Yoder, employed by the Consolidated Rail Corporation at Enola, PA Diesel Terminal, instituted by the Organization by letter dated January 3, 1992, to Shop Manager J. E. Baranko, which reads as follows:

Dear Sir:

I hereby file a grievance on behalf of Electrician J. P. Yoder for violation of Rules 4-D-2 and 4-E-1, and past practice, for the following reason.

On November 07, 1991 Electrician J. P. Yoder ordered to go for a hearing test at 1 pm on his relief day by Shop Manager J. R. Baranko. Electrician J. P. Yoder's regular assigned working hours are Sat. through Wed. 11 p.m. to 7 a.m. Other men who worked the same assigned working hours were given hearing tests on their tour of dutv, and Electrician Yoder was not given the same opportunity.

In view of the above, the organization contends that the claimant be compensated (3) three hours at time and one half.

CLAIMANT: J. P. Yoder'"

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 was assigned as an electrician at Enola Terminal with working hours of 11:00 p.m. until 7:00 a.m. with Thursdays and Fridays as rest days.

Because the Claimant failed to take the test the carrier was obligated to schedule an appointment with a local doctor to gi-:e the Claimant his hearing test. The Carrier made an appointment for 10:00 a.m. on November 6, 1991. Claimant requested it be changed to 2:00 p.m. on November 7, 1991, which was done.

The Organization filed this claim for three hours at time and one half for violation of Rules 4-D-2 and 4-E-1. The rules read as follows:

1'4-B-1(a) Time worked by any employee in excess of eight (8) hours in any 24-hour period, computed from the starting time of the employee's regular shift, will be considered as overtime and will be paid for at the rate of time and one-half, except that double time will be paid for time worked in excess of sixteen (16) hours in such 24-hour period."

"4-E-1. Employees called, who report for work, shall be paid not less than three (3) hours' as provided in Rule 4-B-1."

Numerous Awards have held that taking a physical or hearing test are not work or service as contemplated by the Agreement. :n Second Division Award 12234 involving Carmen taking hearing tests the Board held:

"All time during which an employee is required to give up his own pursuits in order to satisfy a requirement of the Carrier is not necessarily work or service time, as those terms are used in the Agreement. The Agreement, in Rule 6(d), recognizes that some time, such as attending court, deadheading, travel time, etc., might be compensated by special allowances. We read Rules 6 and 7 to apply only when the employee is actually performing work or service. There is ample arbitral precedent holding such time is not work or service, as contemplated by the Agreement. See Second Division Awards 1162 and 3086. We concur with those decisions, and find the time spent in this case was, therefore, not subject to the overtime Rules."

After careful review of the record before this Board, we concur in the above cited Award. The Board also wishes to note that Claimant had ample opportunity to take his hearing test while on duty. Claimant by his own personal decision cannot create a situation where the Carrier is required to pay a penalty in order to comply with OSHA Regulations.

AWARD