NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20681
Francis X.
Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(J. F. Nash and R. C. Haldeman, Trustees of the Property
( of Lehigh Valley Railroad Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier improperly and without justification withheld
from service
Area Foreman Paul P. Porter from . Oct. 2 to 17, 1972
Truck Driver Clayton Berger from " it
to It it
Laborer Albert Sachs from
it if - If if 11
Laborer Wallace Schanufer from
of to If to 11
Truck Driver John Duda from 5
11 It
Laborer Lamar Purnell from
of
12 ~~ 17
Laborer Frank Klatchak from
It If
Laborer Franklin Koch from
it It
Laborer Frank Plusar from
of 11
Crane Operator Raymond Graaf from
11
3to Dec. 3, 1972
(all dates listed above are inclusive)
(2) Each of the claimants named above be paid for the earnings
lost while out of service as set forth in Part (1) above.
OPINION OF BOARD: The Board has established by case law that the filing
of notice of intent with this Board within the nine months pre
scribed by Article V of the August 21, 1954 National Agreement satisfies
the time limitation and the prescriptions of the Railway Labor Act.
Rule 8 allows for physical examinations of employes; however
to contend that the instant physical examinations were pre-employment
physicals is stretching to make a point. Claimants were employes in
service. They were improperly held out of service. They are due compensation for such wage loss duri
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;
Award Number 20810 Page 2
Docket Number MW-20681
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A $ D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of August 1975.