Carrier respectfully submits that the claim of Employes that a violation of the agreement occurred in the course of the circumstances in this case is utterly devoid of support, and, for the reasons given herein, prays that the claim be denied in its entirety.
OPINION OF BOARD: The record contains evidence, in the form of a medical report by the Carrier's chief surgeon, that at all times relevant to the dispute the Claimant was physically able to perform telegraphic work, but was not able to handle a job requiring heavy lifting or extensive walking.
There is also evidence, unrefuted by the Organization, that the position of agent-operator at Crab Orchard, a one-man station, included duties requiring considerable walking and the probability of at least occasional heavy lifting.
Based on this evidence, it is our judgment that the Carrier was justified in declining the Claimant's bid for the position at Crab Orchard, and in refusing to assign him to the extra work at that station.
The record contains nothing, however, to show that either walking or lifting was required on the position of first shift operator-clerk at Shops. And, since it is apparent that the Claimant could have been used to perform the work of this position while a junior employe worked it from October 2, 1961, to and including October 21, 1961, the claim in favor of Mr. Vaughn should be sustained to that extent.
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
That the Agreement was violated only to the extent indicated in the Opinion.
Claim for a day's pay of eight hours at the rate applicable to the position of operator-clerk at Shops sustained for each work day October 2 to 21, 1961, inclusive; in all other respects the claim is denied.