NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25951
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) Apprentice Foreman, L. C. LeDoux was improperly withheld from
service beginning August 22, 1983 for alleged 'medical reasons' (System Files
MW-83-108 and MW-83-127).
(2) The Carrier shall now compensate Mr. L. C. LeDoux for all wage
loss suffered beginning August 22, 1983 and continuing until he is returned to
work."
OPINION OF BOARD: In this dispute, the Organization contends that Claimant
was improperly withheld from the service of the Carrier for
medical reasons.
The Board has thoroughly reviewed the record and has considered the
evidence properly before us. On the basis of this review, while reasonable
arguments may be made that a third medical opinion should have been obtained
in this case, on balance of all factors herein, we find no basis to warrant
overturning the findings of the Carrier. Accordingly, the Claim is denied.
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 not violated.
Award Number 26373 Page 2
Docket Number MW-25951
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes / ,
Nancy ~I!Jver - Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1987.