NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23997
Gilbert H. Vernon, Referee
(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station
Employes PARTIES TO DISPUTE: (Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9379) that:
(a) The Carrier violated the terms of the General Clerical Agreement when it held Mr. Tester
S. Winn from service beginning May 9, 1977, and did not schedule an investigation until August 2, 19
violation of Rule 27 and also, after belatedly holding such investigation found him medically disqua
service without any evidence to substantiate such findings and,
(b) The Carrier shall now restore Mr. Tester S. Winn to service with seniority and other rights
unimpaired and compensate him for all losses sustained as a result of its wrongful actions.
OPINION OF BOARD: On March 22, 1977, the Claimant marked off his assignment
because he was sick and did not return to work until May 9,
1977. The Carrier was advised by Doctor I. Kaplan by a letter dated July 14,
1977, that the Claimant was medically disqualified. Although, medical dis
qualifications are not normally handled in the railroad industry under the
discipline rule, the Parties in this case have a practice of doing so. An
investigation was held August 19, 1977. Based on the evidence, the Carrier
disqualified the Claimant. The Claimant was reexamined on November 2, 1979, and
was reinstated on November 28, 1970; thus, the Claim is for time lost only.
Both Parties make procedural arguments. However, under the circumstances, due
to the nature of the arguments, it would be proper to consider this dispute on
its merits.
Considering the merits of the case, it is the conclusion of the Board that the Carrier's decision to
withhold the Claimant from service May 9 to November 28,·1977, was based on substantial and c
evidence that indicated he was not medically qualified to perform service. There were legitimate que
to the Claimant's state of health and the Carrier's actions had foundation in reason and were justif
Board should not disturb the judgment of the Carrier under the circumstances.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evide
finds and holds:
That the parties waived oral hearing;
Award Number
24317
Page
2
Docket Number CL-23997
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Tabor 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 not
violated.
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting
Executive Secretary
National Railroad Adjustment Board
.
By
Rosemarie Brasch -Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April 1983.
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