NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24844
I. M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1l The Carrier improperly withheld Laborer Otto Lindner from
service for the period beginning on May 5, 1981 and extending through July 22,
1981 (System File CN24/D-2513).
(2) The claimant shall be compensated for all wage loss suffered,
including overtime pay, sixty (60) days retroactive from August 15, 1981."
OPINION OF BOARD: Claimant herein had been on furlough and was recalled
to a new position, on May 21, 1981. He was examined by
his physician on June 4, 1981 and the results of that examination were received
by Carrier's medical department on June 8, 1981. On June 16, 1981, the Medical
Services Department requested additional information from Claimant's Doctor
which was received by Carrier on July 6, 1981. Carrier thereafter advised
Claimant to return to work on July 24, 1981. It was based on this period of
time from the initial job assignment until July 24th that the Claim is founded.
There is no question but that Carrier had the right to investigate
and then review the medical data concerning this Claimant. However, there is
the concommitant obligation for Carrier to move with reasonable speed to come
to its conclusions, since the employe's rights and ability to work are at
stake. In this case, based on the record, there is no apparent reason for the
lengthy time frame required to review the necessary medical data. It would
appear that a week to review the supplemental data required in this case, and
supplied on July 6th, should have been sufficient to make the determination.
Under all the circumstances, therefore, Claimant shall be awarded nine days pay
for the inordinately long period of time required by Carrier to make the
medical determination.
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 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 25064 Page 2
Docket Number MW-24844
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 Jll/er - Executive Secretary
Dated at Chicago, Illinois, this 4th day of October 1984.