NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Paul C. Dugan, Referee

STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Division, BRAC, on the Fort Worth and Denver Railway, that:

1. Carrier violated the Agreement when it arbitrarily and likewise improperly held non-telegrapher E. V. Shackelford, Anson, Texas, out of service from December 6, 1967 until February 7, 1968.

2. Carrier shall compensate Claimant E. V. Shackelford for all time lost with all seniority rights, vacation rights and all other rights unimpaired because of the violation set forth above.

OPINION OF BOARD: Claimant became ill on November 7, 1967 and Carrier was advised by Claimant's son that: "Dad in Hospital at Anson Heart Attack yesterday, at 4 A. M. Date Resting Under Sedation." Claimant was treated by a Dr. A. G. Andrus, M.D., who on December 5, 1967 released Claimant to return to work. Claimant advised Carrier of his release to return to work and informed Carrier that he want, %! to protect his regular assignment as agent at Anson as of 8:00 A. M. DeccmDZr 0, 1967. Carrier's Chief Surgeon informed Claimant that be had to wait three (3) months before he could return to work. Claimant on his own was examined by another doctor, Zane R. Travis, M.D., who submitted a copy of a written medical report covering his examination of Claimant to Carrier's Chief Surgeon, Dr. W. P. Higgins on January 18, 1968. In said report, Dr. Travis refers to borrowing Dr. Andrus' electrocardiograms and lab studies and concluded since the Claimant did not develop a significant Q-wage or invert his T-waves that it should be called a· marked coronary insufficiency rather than an acute myocardial infarction.

Dr. Travis went on to comment as follows:

Upon receiving a copy of Dr. Travis' report, Carrier's Chief Surgeon si~ould have taken steps within a reasonable time thereafter to have Claimant examined by a doctor of Carrier's choosing. Having failed to do so, we find Carrier's action was arbitrary, and will sustain the claim for pay for time lost from January 25, 1968 to February 7, 1968.

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 Agreement was violated in accordance with the Opinion.

AWARD