NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26440
Edward L. Suntrup, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
(Western Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Southern Pacific
Transportation Company (Western Lines):
On behalf of B.
R.
Dishman for payment from February 17 to March 19,
1984, account of not being restored to service upon medical release. (Carrier
File: 011-221-(D))."
OPINION OF BOARD: The record shows that on January 16, 1984, the Claimant
advised the Company that he was going to be released by his
personal physician in order to return to work and he requested an appointment
for a medical examination. The Claimant had been off duty for over thirty
(30) days with a serious illness. On February 13, 1984, the Claimant took his
physical, and on February 17, 1984, he was released by his doctor to return to
work. The Claimant was permitted to return to work by the Carrier on March
2n, 1984.
The Organization filed a Claim on April 24, 1984, on the grounds
that the Carrier had taken an excessive amount of time before permitting the
Claimant to return to work. The Claim stated that
"...
the company (was
given) four weeks notice of (the Claimant's) desire to return to his position
(which the Organization feels is) sufficient." The Claim was for 8 hours pay
for each day, including holidays, from February 13, 1984, through March 19,
1984. It is basicallv the position of the Carrier that the delay in putting
the Claimant back to work was not undue and that such matters take time.
There is considerable precedent emanating from the Board which holds
Carriers liable for "...undue and unwarranted delay(s) in ascertaining a
returning worker's physical fitness" (Second Division Awards 6758, 6704, 7247;
Third Division Award 21560; Fourth Division Award 2948). It appears from the
record that the Carrier did take undue time in the instant case in returning
the Claimant to work. He was released by his own doctor on February 17, 1984.
It would have been reasonable for the Carrier to have processed all the papers
and to have had the Claimant back to work by the end of that month. The
Claimant shall, therefore, he paid all loss of earnings from March 1, 1984, up
to and including March 19, 1984.
Award Number 26263 Page 2
Docket Number SG-26440
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;
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 s»stained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy ver - Executive ecretary
Dated at Chicago, Illinois, this 20th day of March 1987.