NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19643
(Brotherhood of Railroad Signalman
PARTIES TO DISPUTE:
(The Illinois Central Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalm
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:
"Such examinations or re-examinations as employes
may be required to take will, if possible, be conducted
during regular working hours without deduction in pay
therefor."
"Actual necessary expenses will be allowed when away
from home station."
(Carrier's File: 135-311-169; Case No. 263 Sig.)
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:
RULE 808: "Such examinations or re-examinations as employes
may be required to take will, if possible, be
conducted during regular working hours without
deduction in pay therefor."
Award Number 19989 Page 2
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