°9e5
Award No. 15182
Docket No. SG-14703
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Herbert J. Mesigh, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Missouri Pacific Railroad Company
that:
(a) The Carrier arbitrarily removed Signalman T. C. Fagan
from his regularly assigned maintenance position at Arkadelphia,
Arkansas, on or about March 1, 1962; then would not permit him to
return to that position when he was returned to service on August
6, 1962.
(b) The Carrier be required to reimburse Mr. Pagan for the
following personal expenses (meals and lodging) incurred while working away from Arkadelphia:
August, 1962 - $68.40
September, 1962 - 66.70
October, 1962 - 75.45
November, 1962 - 71.65
December, 1962 - 67.30
[Carrier's File: 225-18-36]
EMPLOYES' STATEMENT OF FACTS: This dispute is based on our
contentions (1) that Mr. Fagan's regularly assigned position is that of Signalman with headquarters at Arkadelphia, Arkansas, and (2) that Carrier should
be required to reimburse him for personal expenses he incurred while
working away from Arkadelphia after he was returned to service on August
6, 1962.
Mr. Pagan has worked in the Carrier's Signal Department since March
4, 1935, and has lived and worked on a Signalman position at Arkadelphia
fifteen years or more.
Late in 1961, Mr. Fagan was hospitalized because of eye trouble. On
February 6, 1962, he was given a field test at Arkadelphia, under the direction
of the Trainmaster, with the Signal Foreman and the Brotherhood's Local
Chairman in attendance. While Mr. Fagan's vision was not perfect in both
Carrier's position is set forth fully in letter dated June 10, 1963
which reads
as follows:
"June 10, 1963
F 225-18-36
Mr. F. E. Bush
General Chairman -Signalmen
Box 175
Tuckerman, Arkansas
Dear Sir:
Reference to your letter of May 1, 1963, appealing claim of
Signalman T. C. Fagan, Little Rock, Arkansas, for expenses in the
amount of $68.40, August, 1962, $66.70, September, 1962, $75.45,
October, 1962; $71.65, November, 1962, and $67.30, December, when it
is alleged claimant was required to perform signalman's work away
from his assigned headquarters at Arkadelphia, Arkansas:
Facts as we understand them are as follows: Claimant was
formerly employed as signalman with headquarters at Arkadelphia.
Claimant suffered a detached retina of the left eye and entered the
Missouri Pacific Employes' Hospital in August, 1961. Claimant reported to work in Signal Gang No. 24 with headquarters at Little
Rock, Arkansas, August 6, 1962. He has worked regularly in Gang
No. 24 since that time.
As you have been advised by Division and District Officers, Mr.
Fagan's physical condition is such that the vision in his left eye is
what might be termed `industrially blind: This was proven by the
field test given, as well as by the regular office examination.
You are well aware of the fact Mr. Fagan returned to service
with the understanding that he will be restricted to work in a signal
gang; will not operate a motor car by himself, and will be subject
to a field test for vision every six months. Mr. Fagan was permitted
to return to service with the Carrier by placing himself in Signal
Gang No. 24 headquartered at Little Rock, Arkansas, thus relinquishing his rights to his former position of signalman headquartered at
Arkadelphia, Arkansas.
Because of his physical condition, claimant is not qualified to perform the duties of a signal maintainer headquartered at Arkadelphia,
Arkansas, therefore, Arkadelphia is not his headquarters point. When
claimant accepted the job on Gang No. 24 at Little Rock be assumed all
of the conditions of that job. Bunk ear at Little Rock is his home
station and headquarters, and since he did not incur expenses away
from that home station point, the claims are totally without merit
and are respectfully declined.
Yours truly,
/a/ B.
w.
Smith"
OPINION OF BOARD: The Claims in the instant case result from the
same physical situation involved in Docket SG-13784, between these same
parties, which has been ruled upon by the Board in Award 13841. The award
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confirmed Carrier's judgment in its determination of Claimant's physical qualifications as not being qualified to perform service on an on-line signal maintenance job due to a detached retina in left eye. Also, Carrier's refusal to return
Claimant to his former position at Arkadelphia, Arkansas was not discriminatory. Award 8394 was cited as being applicable in Docket SG-13784 and
denied the Claim.
The instant claims are for expenses alleged to have been incurred away
from Arkadelphia headquarters because Carrier did not permit Claimant to
work the signal maintainers position with headquarters at Arkadelphia.
Award 13841 upheld Carrier's judgment to remove Claimant from position
of Signal Maintenance at Arkadelphia. When Claimant returned to service by
placing himself in Signal Gang No. 24 headquartered at Little Rock, Arkadelphia ceased to be his headquarters and home station. Claimant, therefore, is not
entitled to expenses at Little Rock, it being his headquarters and home
station.
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 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 Carrier did not violate the Agreement.
Claim (a) and (b) denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 20th day of January 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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