BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
OPINION OF BOARD: This is a discipline case. The record discloses that, for some time prior to Claimant's dismissal from service, she had been under treatment for disorders which she alleged were contributing factors in her case,
Based on the record in this case, we conclude that Claimant should be given an opportunity to be examined by a psychiatrist, to be selected by agreement between the parties to this dispute, in order to determine her fitness to perform the duties of her position. If found qualified, she should be restored promptly to her position with seniority unimpaired but without compensation for any monetary loss. To this extent the claim should be sustained.
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
Claim is sustained to extent indicated in Opinion and Findings. In all other respects claim is denied.