NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-27010
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Baltimore and Ohio Railroad Company
( Chessie System)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Baltimore and Ohio Railroad Company (Chessie System
Railroads):
On behalf of Signalman R. A. Hitchcock, compensation for all time
lost and reinstated to service account of Carrier violated Rules 54 and 65
when it denied him permission to return to work as a Signal Foreman beginning
January 26, 1985. (Carrier File 2-SG-760)."
OPINION OF BOARD: The Claimant had been in Carrier's service since September
24, 1969, and was promoted to Signal Foreman on July 19,
1971. Claimant had a history of back problems and had been on medical leave
since April 23, 1983, due to recurrent back ailment.
On January 26, 1985, Claimant submitted Claim to the Carrier's Manager Engineering for all wages
Carrier was improperly withholding him from service. The Manager Engineering
responded that Carrier's Chief Medical Officer and Claimant's physician agreed
that Claimant had a lifting restriction and could not perform all the duties
of a Signal Foreman's position. The record contains no medical evidence that
Claimant's personal physician disagreed with the Carrier's Chief Medical Officer. The Organization c
1972; that he had been off from work in the past because of his back, and had
been permitted to return to service, and that the situation in January, 1985,
was no different than in the past.
The Board recognizes that the Carrier has the right to set physical
standards for its employes, and has the right to expect its employes to meet
such standards. There being no dispute as to Claimant having a lifting restriction in January, 1985,
return to work as a Signal Foreman. The Board finds, however, that Claimant
should be permitted, if he desires, to undergo another physical examination by
Carrier's Chief Medical Officer, within sixty days from the date of the Order
of this Award, to determine if he can pass a satisfactory physical examination
without any restriction. We will sustain the Claim to that extent only. It
is not the intent that Claimant be awarded any compensation until he can pass
a satisfactory physical examination.
Award Number 26333 Page 2
Docket Number SG-27010
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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 not violated.
A W A R D
Claim disposed of in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois this 8th day of June 1987.