NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-24839
Eckehard Muessig, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: °CZaim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company (Western Lines):
On behalf of D. R. Thomas for reinstatement, and compensation for all
lost wages, overtime and benefits he may have lost as a result of Carrier's
action (not permitting him to work account physical condition after his Foreman
position was abolished effective at close of shift Friday, August 14, 1981)."
(Carrier file: 011-221(T))
OPINION OF BOARD: This dispute came about after a series of events that
began on August 14, 1981, when the position of Signal
Foreman, Gang No. 25, Klamath Falls, was abolished. Following this action,
Carrier found that certain medical limitations of the Claimant precluded him
from working, as either a Signal Maintainer or as a Signal Foreman, and,
because of these determinations, the Claimant was removed from the service.
The Organization pursues its claims on both procedural and substantive
grounds. With respect to the procedural contentions, herein, a careful review
discloses no evidence that the Claimant was deprived of his rights.
Turning to the substantive issue, the record reflects that the
Carrier's findings, with respect to the Claimant's inability to perform the
tasks and duties required of him were reasonable. The Board would note that
the Carrier did suggest that the Claimant apply for employment in its
Sacramento Signal Shop, since the work environment and conditions at that
location likely would be compatible with the Claimant's physical abilities.
The Claimant, of his choice, refused to apply and, by so doing, did so at his
peFi3~t ',-
Thefetoxe, while the Board is not unsympathetic with the Claimant's
physical misfortuA~s, given the facts and circumstances of record, we must deny
the claims
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FINDINGS%:;.me'Thid Division of the Adjustment Board, upon the whole record and
"" a13 'the evidence, finds and holds:
That the parties waived oral hearing;
That 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;
Award Number 25017 Page 2
Docket Number SG-24839
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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: i
Nancy J. 0ev -Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.
G~\Y E D
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