(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) B&B Mechanic H. C. Rakes shall be returned to his position as B&B Mechanic and he shall be compensated for all compensation loss suffered by him as a result of being improperly withheld from service beginning September 28, 1983 (System File C-TC-1947/MG-4331)."

 OPINION OF BOARD: Claimant had an off-premises injury in December, 1982,
 causing him to be away from his job for nine months. On
 September 28, 1983, he sought to commence work based on the authorization of
 his personal physician. However, the Carrier's doctor did not allow him on
 the job because he was not yet deemed physically fit to resume his normal
 duties (climbing, bending, walking overhead, etc.). On March 22, 1984, he was
 permitted back on the job, and is appealing to be made whole for the six
 months of lost time.

 The Board agrees with the Carrier's position to rely on its Company doctor in such matters. Also, it is an industry practice that in the event of a disagreement between two physicians, a third opinion is sought. The Organization should have known this juncture.



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;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

                      Docket Number MW-26161

                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: del.
        Nancy J er -Executive Secretary


Dated at Chicago, Illinois, this 19th day of September 1986.

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