STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes_
EMPLOYES' STATEMENT OF FACTS: Emile J. Bechard, employed as a Store Helper at Billerica Stores, (Service Date 7-26-1926, Seniority Date 6-17-1941) rate of pay $13.768 per day, Monday to Friday, inclusive, became ill in October, 1953, and upon advice and consent of his personal physician returned to the service of the Carrier on April 23, 1954, and worked on his position of Store Helper that day. At 3:00 P. M. on that date (April 23, 1954) Mr. W. H. Merritt, General Foreman, told Mr. Bechard that he would have to submit to a physical examination by the Company's Chief Surgeon, Dr. Knowles. Mr. Bechard reported to Dr. Knowles' Office on April 26, 1954; was examined by him and reported back to work on his position on April 27, 1954, where he continued to work until suspended by Mr. J. J. McKinnon, Storekeeper, at 3:40 P. M. on May 12, 1954.
On May 13, 1954, Mr. Bechard requested Storekeeper McKinnon to furnish him with a statement of the precise charge or charges in writing as to why he was suspended from the service. A hearing was held upon the
OPINION OF BOARD: This case is similar in all essential respects to Award No. 7484. For the reasons set forth in that Award, we make the following rulings in this case:
1. We do not decide whether or not there was a violation of the Rules Agreement between the parties.
2. We hold that there was a violation of the Agreement to set up a special medical board by the failure to appoint a third member thereto.
4. On the issue of reinstatement, we direct the parties to choose a medical board according to the procedure set forth in their Agreement of October 21, 1954, and to abide by the dicision of that board.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
1. That no question of violation of the Rules Agreement between the parties is before us.
2. That the Agreement of October 21, 1954, to establish a medical board was violated, as per Opinion.