NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21525
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe
( Railway Company
STA22KENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8030) that:
(a) Carrier violated the provisions of the current Clerks'
Agreement at Amarillo, Texas, when it arbitrarily withheld Mr. L. D. High
from his regular assignment as Cash Application Clerk at Amarillo, Texas,
and
(b) Mr. L. D. High shall now be paid at the regular rate of
his Cash Application Clerk Position No. 6117, plus all overtime worked
on Cash Application Clerk Position No. 6117, for each workday, Monday
through Friday, of each work week, from July 1,
1974
through and
including July
24, 1974.
(c) In addition to the money amounts claimed herein, the
Carrier shall pay an additional amount of ten percent interest per
annum, compounded annually on the anniversary date of claim.
OPINION OF BOARD: The Claimant asserts that he should have been
permitted to return to work on July 1,
1974,
in
accordance with the recommendation of his personal physician; rather
than be required to wait until July
24, 1974.
The Employes assert that Carrier has presented to this Board
"new" evidence, which was not considered on the property, when it
appended Exhibits "D through H" to its Submission.
Exhibit C is an Authorization for Release of Medical
Information executed by the Claimant. The questioned documents flow
from that authorization. The Carrier argues, and the Board is inclined
to agree, that the record read in its entirety clearly shows that the
contents of the documents were known to the Organization while the
matter was under review on the property. Thus, they are properly
before us for our consideration.
Much has been written concerning the topic of withholding
employer for medical reasons. This Hoard. has resisted any attempt to
establish a specific arbitrary number of days to be applied to all cases;
Award Number 21590 Page
2
Docket Number CL-21525
but rather, has preferred to view each case upon its own individual
merits in an effort to ascertain if the Carrier's actions have been
reasonable.
In this case, the Carrier received a letter from one doctor
recommending a 60-day leave of absence because of a "history of
hypertension." A week later, another doctor "released" Claimant for
return to service, effective July 1,
1974.
Claimant's medical history
suggested that psychiatric evaluation was appropriate, and that report
was received on July
23.
In any event, Carrier did not receive a
report which it had requested (prior to the claim date of July 1,
1974)
from one of Claimant's doctors until July
24, 1974.
He was notified to
return to work on the next day.
We are unable to find a showing that Carrier acted in an
arbitrary or unreasonable manner.
FMINGS: The Third Division of the Adjustment Hoard, 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 respectivelyy Carrier and Employes within the meaning of the Railway
Labor Act, as approved June
21, 1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and : --
That the Agreement was not violated.
A W A R D . ._
Claim denied.
NATIONAL RAILROAD ADJUSTKENT HOARD
By Order of Third Division
ATTEST: i
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June 1977.