BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6693), that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement bearing effective date October 1, 1940, reprinted May 2, 1965, including subsequent revisions (hereinafter referred to as the Agreement), between the Southern Pacific Company (Pacific Lines) (hereinafter referred to as the Carrier) and its employes represented by the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as the Employes), which Agreement is on file with this Board and by reference thereto is hereby made a part of this dispute.
On October 18, 1965, Anita E. Russell (hereinafter referred to as Claimant) sustained a minor personal injury while on duty and was treated by a physician for a forehead laceration and thereafter held from service.
Superintendent E. I. Norman, Sacramento General Shops, referred the Claimant on October 19, 1965, to the Southern Pacific Hospital for examination and she was admitted to the Hospital on October 20. When discharged, she was not furnished with a return-to-duty certificate.
By letter dated November 24, 1965, Chief Surgeon Vance M. Strange referred Claimant's case back to the Carrier for disposition and with a recom-
for further discussion. On March 11, 1968, carrier's superintendent wrote the claimant as follows:
Claimant reported to Harkness Community Hospital and Medical Center on April 14, 1968 and by letter April 16, 1968 (copy attached as Carrier's Exhibit I), the Chief Surgeon recommended that she be permitted to return to the unrestricted duties of clerk-messenger. Claimant was so advised and she made displacement on position of junior clerk, Sacramento General Shops, effective April 22, 1968 and returned to work on that date. By letter April 26, 1968 (copy attached as Carrier's Exhibit J), petitioner's general chairman was advised of claimant's return to duty as recommended by the Chief Surgeon.
At conference between the parties on August 22, 1968 the claim in this case was removed from the docket of cases for discussion. At conference of January 16, 1969, claim was discussed and denied, confirmed by letter January 21,1969 (copy attached as Carrier's Exhibit K), from carrier's assistant general manager to petitioner's general chairman. On February 4, 1969 petitioner's general chairman advised that decision was not accepted.
OPINION OF BOARD: Claimant's application for position of ClerkGrade A, made on April 10, 1967, was denied and on the basis of this denial the Organization contends that the employe is entitled to compensation for lost earnings for a period set out in the claim.
In 1965, Claimant was referred to the Southern Pacific Hospital for examination. She was admitted on October 20 of that year and following her release, the Chief Surgeon (on November 24, 1965) recommended:
Based on this letter, Carrier disqualified Claimant from her position as junior clerk. In April, 1967, Claimant applied for the Guaranteed Extra Board, and that request was declined by the Carrier, saying:
There are other hospital reports contained in this record indicating that Claimant's physical condition was of a serious nature. And there is the final report clearing Claimant for her duties, which Carrier followed.
We cannot find that Carrier abused its managerial rights in following the medical counsel it received.