NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24545
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Toledo, Peoria and Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9617)
that
1. Carrier violated the terms of the current Agreement, particularly
Rule 25, when under date of May 27, 1981, it withheld from service Ms. Devon L.
Bearden pending &.medical examination, after which on August 24, 1981, Carrier
made such absence permanent on the basis of a purported claim that Ms. Devon L.
Bearden was mentally unable to handle the stress of office-type work, without
benefit of formal hearing, and;
2, Carrier shall be required to restore Ms. Devon L. Bearden to service
with all rights unimpaired, and compensate her for all monetary losses suffered,
to include fringe benefits, commencing August 24, 1981, the date Carrier notified
the Claimant she was disqualified from future employment, and continuing until
this violation is corrected.
OPINION OF BOARD: This dispute arises out of the same matter as was
considered in Award No. 24371. Although the
Organization states an additional issue, we find that the issues arise out of
the same dispute. We also find that in this case, the disputes should be
resolved in similar fashion.
Therefore, we cite-our Award No. 24371 as our Avard in
this matter.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
'hat 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 ha,s jurisdiction over the
dispute involved herein; and
That the claim be remanded to the property.
Award Number
243'/2
Page 2
Docket Number
CL-24545
A W A R D
Claim remanded to the property for additional handling as indicated
in the Opinion and Findings.
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 13th day of May
1983.
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