PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier improperly withheld Trackman P. A. Duran from service for the period beginning on January 4, 1982 and extending through January 31, 1982 (System File 160-40015-822/11-1500-20-18).
(2) The Carrier shall now allow Trackman P. A. Duran eight (8) hours of pay for each work day within the claim period described in Part (1) hereof.
OPINION OF BOARD: On or about December 12, 1981 Claimant became i11 and was
 admitted to Santa Fe Memorial Hospital with a diagnosis of
 Torticollis and Viral Pneumonitis. On December 22, 1981 1e was discharged from
 the hospital and given a medical statement saying he was released for return to
 work as of December 28. When Claimant reported on December 28 he was wearing a
 neck brace. There is conflict regarding whether Claimant at that time stated
 he did not feel able to work but he was admittedly told he should obtain a further
 Medical Statement. ,On that same date he obtained a statement from a Dr. Sibbitt
 releasing him for work on January 4, 1982. On December 30 the Carrier sent Claimant
 Form 2820 - Sp1. for completion. The completed form was received by the Carrier
 on January 7, 1982. On January 25 the Division Engineer received authority
 to return Claimant to service. Efforts to reach Claimant on the 25th were
 unsuccessful. When reached on the 26th Claimant requested and was given permission
 to remain off work until February 1, on which date he returned to service.
Claimant contends he was unreasonably held out of service from January 4 to January 31, 1982. This Board is of the opinion that Claimant was held out of service for an excessive period. However, it also notes Claimant could have returned to service earlier than he did. Claimant was out of service for 20 working days from January 4 to January 31. Taking into consideration the three day period of January 4 to 7 when the Form 2820 Sol. was received and the period after January 25 when Claimant was voluntarily out of service this Board will award Claimant ten days back pay as compensation for the period he was withheld excessively from service through no fault of his own.




That the Carrier and the Dnployes 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.


                        A W A R D


        Claim sustained in accordance with the opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
        Nancy ver ExecutiveISecretary


Dated at Chicago, Illinois, this 28th day of June, 1984