^®sa Award No. 18317
Docket No. CL-18541
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John B. Criswell, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
SEABOARD COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6704) that:
The Carrier violated rules of the Agreement when at Tampa,
Florida, on December 5, 1968, and Savannah, Georgia, on October 28
and December 30, 1968 they would not allow employes to return to
service.
(1) Clerk, Mrs. M. O. Mays, PBX Operator at Tampa, Florida,
be paid a day's pay for December 5, 6 and 9, 1968.
(2) Clerk, Mrs. D. L. Smith, Steno-Clerk at Savannah, Georgia,
be paid a day's pay for October 28, 29 and 30, 1968.
(3) Clerk G. A. Simpson, Jr., Utility Clerk at Savannah, Georgia,
be paid a day's pay for December 30, 31, 1968, January 1 and 2, 1969.
OPINION OF BOARD:
This claim concerns three separate employes;
each requests pay for from three to four days, alleging they were improperly held out of service following illness or hospitalization.
(1) Claimant Mays was hospitalized for a whiplash injury
sustained in an off-duty traffic accident on November 3, 1968. She
requested to be returned to service beginning December 5, but was
sent to Tampa, Florida, for further examination and returned to
active duty on December 10.
(2) Claimant Smith entered the hospital for an operation on
October 7, 1968. She asked to return to work on October 28, but
was advised a medical report from her attending physician must
be furnished. She assumed her duties on October 31-one day after
the report was received.
(3) Claimant Simpson underwent surgery on November 21 1968.
He advised Carrier he would return to work on December 3~0, but
was told a report from his physician would be necessary. This report was supplied on January 2, 1969 and he returned to service of
the Carrier on January 3, 1969.
There is no rule in the Agreement between these parties concerning
physical examinations. In such instances this Board has held that the requirements of physical examinations, or reports as in Paragraphs 2 and 3 of
Claim, are within the discretion of the Carrier. (Awards 14127, 14866)
In order to prevail, we believe the Organization would have had to show
that the Carrier was arbitrary, capricious or discriminatory. (Award 13984Williams.) The facts in these instances do not support such a charge.
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 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 4th day of December 1970.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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