(Brotherhood of Railroad Signalman
PARTIES TO DISPUTE:
(The Illinois Central Railroad Company



On behalf of Signalman R. B. Ames, who is assigned to Signal Gang No. 347, for eight hours pay, $30.31, plus expenses, $1.45 for breakfast; $1.75 for lunch; $1.25 for dinner; and $1.10 for suburban fare, for a total of $35.86.

Carrier violated the agreement, particularly Rules 808 and 214, when, on Monday, August 24, 1970, it required Mr. Ames to make a trip to the Chicago (IC) Hospital for the purpose of determining whether or not he was color blind and deducted eight hours pay from his pay check and refused to reimburse him for expenses incurred. Rules 808 and 214 read as follows:







OPINION OF BOARD: The Brotherhood of Railroad Signalman has presented this
claim on behalf of R. B. Ames , a Signalmen stationed at
Warren, Illinois; The facts are that on June 20, 1970, Ames was declared to
be unqualified for his position as a signalman, and the Carrier suggested he
undergo a special examination in Chicago at the Illinois Central Railroad
Hospital for the purpose of determining whether or not he was in fact unquali
fied because of being color blind. Mr. Ames reported for the examination and,
in doing so, he incurred expenses in the amount of Five Dollars and fifty-five
cents ($5.55). Mr. Ames was not allowed pay for the day of his examination,
which was one of his regular work days, nor was he reimbursed for his expenses.

The Brotherhood maintains Carrier violated the Agreement between the parties effective August 1, 1958, particularly the following provisions thereof:



                    Docket Number SG-19643


                RULE 214: "Actual necessary expenses will be allowed when away from home station."


Carrier takes the position that Rule 808 applies only to periodical physical examinations held in the vicinity of the employe's headquarters and that Rule 214 applies only in cases where the employes are performing actual compensated work service for the company.

The Board cannot go along with this reasoning. This is not a case where an employee refused to accept the local doctor's decision and demanded a re-examination. He did not elect to go to the Chicago hospital; he was, in effect, ordered to do so by Carrier officials. If he had refused to go he would have been subject to discipline -- and possibly dismissal from service.

The Carrier is the sole judge in determining whether or not an employee needs a physical examina that such examination, especially in the instant case, is solely for the benefit of Claimant is without merit. (Award No. 3766). In fact, in this case Carrier took the position that rather than lose a good employee, it would be best to arrange for a re-examination to determine if he wasn't still qualified to do his work.
We feel that the Carrier, in accord with the Agreement, is required to pay its employees any time an employee is carrying out instructions from his superior officer. (Award No. 17770). In this instance Claimant was virtually ordered to go take this examination.

        We believe this claim should be sustained.


        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

I
                  Award Number 19989 Page 3

                  Docket Number SG-19643


        That the Agreement was violated.


                      A W A 2 p


        Claim sustained.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST; ~ ~1~/~-
Executivelgecretary

Dated at Chicago, Illinois, this l2th day of October 1973