NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24460
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee cf the Brotherhood that:
Claimant Dale K. Wilson shall be reimbursed for all compensation loss
suffered by him as a result of being improperly withheld from service beginning
May 19, 1980 (System File 50-400.26-801/11-1500-20.1-6)."
OPINION OF BOARD: Claimant, D. K. Wilson, is employed by Carrier as a Trackman.
On April 25, 1980, he sustained an injury that required his
being granted a 30-day leave of absence. The leave was to expire on May 26,
1980. On may 19, 1980, after examination by his personal physician and notification
to Carrier's medical personnel, Claimant was released for active service. He
reported for work on May 19s 1980., but wan not allowed to return to duty on
because Carrier's Supervisor had not received an official release of Claimant from
Dr.
Tdhuri,
Carrier's Medical Director. Claimant was allowed to return to work on
May 27, 1980. .
A review of the record of this case reveals that Carrier's medical
personnel were properly notified on May 12, 1980, that Claimant would be returning
to work on May 19, 1980. He was not allowed to return to work until May 27, 1980.
This Board is of the opinion that Claimant was held out of service an excessive
period of time and that he was not timely restored to service. We, consequently,
shall sustain the instant claim and grant Claimant five days' compensation at the
pro rata rate.
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;
That the Carries 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 has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
Award Number
24393
Page
2
Docket Number
NW-24460
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMNT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
.r
National Railroad Adjustment Board
By
Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this
26th
day of May
1983.
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