NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
MRS. ANNE B. BARBERA
THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD
COMPANY
STATEMENT OF CLAIM:
(1) On January 23rd, 1962, Dr. Daniel G. Fischer, Medical
Director of the NY NH & Hartford Railroad Company, New Haven,
Conn. stated "she is not qualified to work where sitting is required."
This statement had the effect of holding me out of service until
April 16th, and
(2) unadjusted time claim appealed by General Chairman R.
Farquharson to the Carrier "If a majority of physicians agree that
Mrs.
Barbera is able to return to her regular work, then she should
be paid her regular daily wages commencing December 13, 1961,"
and also his opinion that after receiving favorable opinions from
three competent medical authorities, dating back to Dec. 1961,
under these circumstances was physically capable of performing her
duties, and in all fairness to her, the claim should be paid, commencing Jan. 23, 1962 to April 16, 1962 when she was finally
returned to work.
The dispute wherein Harold F. Hughes, Division Chairman
appealed "in favor of Anne Barbera for all time lost at the Shop
Clerk's rate, five days per week, commencing on January 23, 1962
until she returned to work on April 16th, 1962", and General Chairman R. Farquharson's appeal "in all fairness to her, the claim should
be paid commencing Jan. 23, 1962 to April 16, 1962 when she was
finally returned to work", had been appealed to the Carrier, the
NY NH & Hartford Railroad Company and denied and unadjusted.
EMPLOYES' STATEMENT OF FACTS: 1.
May 7, 1961-auto. accident; May 8th, 1961 (husband booked me off sick).
2. Sept. 1961-Called Robert DeCesare, Head Clerk, Stamford Engine
Off. told him doctor said I could return to work. Stated I had to go to Dr.
Fischer, New Haven. He would let me know when. Called him several times,
finally set date for October 16, 1961.
[723]
11774-16
738
All of the facts and arguments contained herein have been
affirmatively
presented to Employe's representatives.
(Exhibits not reproduced.)
OPINION OF BOARD:
Claimant, a stenographer in Carrier's employ,
was injured in an automobile accident while off duty on May 7, 1961. On
applying for return to work, Claimant was examined by Carrier's doctor on
October 16, 1961, and again on January 23, 1962, who reported she was
"not qualified to work where sitting is required."
Under date of February 20, 1962, the General Chairman wrote Carrier
requesting that Claimant be examined by a neutral doctor under the procedure set forth in Rule 9 of the agreement between the parties, and furnished Carrier with copies of reports from Claimant's personal physician
dated January 5 and 25, 1962, attesting that Claimant could return to work.
Carrier agreed and the two doctors selected a neutral doctor who examined
Claimant on March 28, 1962. In his report dated April 9, which Carrier received on Friday, April 13, 1962, the neutral doctor expressed the opinion
that, while Claimant's history showed that she probably had a coceydynia
and a cervicodorsal strain, she should be able to return to her regular work.
Carrier restored Claimant to service on Monday, April 16, 1962.
The claim herein is for wage loss covering but a portion of the time
Claimant was held out of service on recommendation of Carrier's doctor,
namely, from January 23 to April 16, 1962. However, the record does not
show that there was any unreasonable delay, attributable to the Carrier or
otherwise, after the General Chairman requested that Claimant be examined
by a netural doctor under Rule 9. Consequently, we must deny the claim.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employe 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
That the agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 9th day of October 1963.