^®sa Award No. 18317
Docket No. CL-18541







PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES




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.





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.


(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.



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 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











Dated at Chicago, Illinois, this 4th day of December 1970.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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