(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE : ( '

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier improperly and without just cause withheld Jewell C. Weaver from service for the period beginning on March 26, 1979 and extending through April 18, 1979 (System File C#51/D-2340).

 (2) The Carrier shall now allow Jewell C. Weaver eight hours of pay at his straight time rate for each work day within the claim period described above."

 OPINION OF BOARD: The Claimant had been on an authorized leave of absence due
 to a personal injury and on February 16, 1979 he was
 released by his personal physician to return to employment. On February 21,
 1979 the Roadmaater permitted the Employe to return to work but when he reported
 on February 26, 1979 he was advised that the Company would not let him work until
 he was seen by a Company Doctor. That advice was based upon the Company's
 policy that employes who have been out of service in excess of thirty (30)
 days as a result of illness or personal injury must be approved by the Chief
 Medical Officer. Due to prior medical history it was deemed pertinent to obtain
 the opinion of an orthopedic specialist and that additional step added to the
 delay.

 The Organization seta forth various dates is its handling of the matter on the property which are not significantly contradicted by the Carrier. For instance, we are advised that the Employe did not see a Company Doctor until March 23, 1979 and although he was found to be medically capable of returning to work he was held away from service until April 19, 1979.

 The submitted claim commences to run as of March 26, 1979; after the Employe had been passed medically by the Company Doctor.

 We have no difficulty with the policy of requiring certain medical clearance when an employe has been away from service and we recognize that the Carrier has certain rights and obligations regarding a withholding of an employe from service pending physical examination. Nonetheless, the cited authority is quite clear that there is an obligation to return employes to service at the earliest possible time under all of the circumstances of
 record. _
                        Docket Number 1`W-23765


If an individual is held out of service by a Carrier, the Carrier does so at its own risk and may be subject to awards of back pay should the delays be extended unduly. We feel that such is the case here, and accordingly we will sustain the claim.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds sad holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved is this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21,. 193+;

 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


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMNT BOARD

                            By Order of Third Division


        Attest: Acting Executive Secretary National Railroad Adjustment Board


        By_

~~- Rosemarie Brasch - Administrative Assistant

        Dated at Chicago, Illinois, this 5th day of January 1933.