David C. Randles, Referee


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

 STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the St. Louis
 San Francisco Railway Company:

 On behalf of G. W. Lewis, Signal Maintainer, Cherokee Yard, for compensation for time lost, including all paid holidays, from January 1, 1975, until he was returned to service on April 12, 1975, account being withheld from service without cause by Dr. Hollo. Carrier file: R-1415)

 OPINION OF BOARD: There is no dispute that claimant G. W. Lewis
 suffered a heart attack in December 1973 following
 which time he was under the care of his personal physician who
 certified on December 13, 1974, that the claimant could return to
 work. Notwithstanding said certification, the Carrier's Chief Surgeon
 advised that the claimant should be placed upon medical leave and
 subsequently seek disability retirement. Claimant did request a leave
 of absence which was granted effective December 19, 1974.

 On January 7, 1975, claimant entered a claim for straight time pay from January 1, 1975, because he alleged that he Was being improperly withheld from the Carrier's service. In order to substantiate his claim and the certification of his personal physician, the claimant was examined by a cardiologist of his choice who "heartily" recommended his return to service. Subsequently, the claimant's personal physician wrote the Carrier's Chief Surgeon again recommending claimant's return to work. Ultimately, on March 5, 1975, the Carrier's Chief Surgeon recommended that the claimant be examined at a medical facility of the Carrier's choice. This examination produced a positive recommendation resulting in the claimant's return to work on April 12, 1975.

 It has been a consistent ruling of this Board that the Carrier has the right to require medical examinations by physicians of their choice. Conversely, the Board has held that a prolonged delay in processing a claimant's medical examination is a denial of his rights. The claimant was withheld from service for four months: December 13, 1974 (the certification by his personal physician) to April 12, 1975 (his return to work).
                  Award Number 21560 Page 2

                  Docket Number SG-21626


The claim of the Organization is a request for wages lost from January 1, 1975 - April 12, 1975, during which time the Carrier
 reversed its prior determination that the claimant should request _ _
 disability retirement and, also, during which time the Carrier
 reviewed claimant's physical condition.

 It is the opinion of the Board that claimant G. W. Lewis was restrained from returning to work for an excessive period of time given two separate medical evaluations (one from claimant's personal physician and another from a cardiologist) both recommending his return to service. These evaluations were received on December 19, 1974 and January 23, 1975, respectively.

 As has been stated, this Board has previously held that a prolonge~ delay in processing a claimant's medical examination is unnecessary and a denial of his rights. There has been such a delay in this instant matter.

 The claimant should be made whole for lost wages from March 12, 1975 - April 12, 1975.

        F31r'DINGS: 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 _

        That the Agreement was violated.


                    A W A R D


        The claimant should be made whole for to§t::wages as indicated

in the Opinion. _ - - ,p;:%'

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
 ATTEST.
 Executive Secretary

 Dated at Chicago, Illinois this 31st day of May 1
                                    y 977.


                                                      6