MTIONAL RAILROAD Annrsa4ENT BOARD
THIRD DIVISION Docket Number CL-22178
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES 1n DISPUTE:
(St. Louis-San Francisco Railway Company
STATEN OF CLAIM: Claim of the System Committee of the Brotherhood
(GL.-8464) that:
1. Carrier violated and continues to violate the terms of the
prevailing agreement between the parties when it refused to permit clerk,
J. H. Threadgill, to return to work as requested in her letter of July 30,
1976.
2. Carrier shall now be required to allow Clerk Threadgill to
return to the service of the Carrier in accordance with her request.
3. Carrier shall now be required to allow clerical employe,
J. H. Threadgill, an additional day's pay beginning October 15, 1976, at
the rate of a position to which her seniority would entitle her and continuing
until such time as she is allowed to exercise seniority under the existing
rules of the clerical agreement.
OPINION OF BOARD: This dispute was submitted to the Board on August 15,
1977.
On May 12, 1978, the Board issued Award Number 22050 reading, in
part, as follows:.
"We find that there is need for additional medical data to
determine the physical fitness of Claimant to return to
work. Therefore, we direct that Carrier and Clainant or
her representative select a neutral third doctor for the
purpose of examining the Clainont and that the Carrier's
physician, the Claimant's physician and the neutral
doctor present a written report to this division of the
Board within 60 days of the date of this Award, stating
their conclusions regarding the physical qualifications
of the Claimant to return to service an August 10, 1976
and at present."
Award Number 22463
Docket Number M-22178
Page 2
The parties mold not agree on the panel of doctors contemplated by the
Award and proceded to request an interpretation thereof, which this
Board issued on February 22, 1979 as Interpretation No. 1 to Third Division
Award No. ?2050, Serial Number 298, wherein the parties were directed to
each select a physician of their choice and empower
is
respective
physician to agree on a neutral physician.
On June 15, 1979, the report of the Neutral Physician -was received
by the Board which report reads, in part pertinent hereto, as follows:
"In my opinion she is NOT able
to
perform all the duties
of her occupation . . ."
There is nothing in
the record
or the report upon whiff this Board
could say that Claimant was, at the time
the claim
originated, medically
qualified to perform
the
duties of her occupation and, as of the date of tile
Neutral Physician's report, he found that she was NOT able
to
perfomn all the
duties of her occupation. Nothing of record precludes the possibility of
Cladmant recovering or being able
to
perform satisfactorily in some other
occupation, however, tire claim as submitted, based on the evidence of record,
does not stow that Carrier violated the Agreement and the claim must be,
and is, denied.
FIND1NGS: 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 Enployes involved in this dispute
are respectively Carrier and FVloyes within the meaning of the Railway Tabor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jusisdiction
over the dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
ATTFST:~`(/(/.
Executive Secretary
=ANAL RAILRDAD ADJUS74M BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of July 19'f9.