NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26275
Robert W. McAllister, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9985) that:
1. Carrier violated the Clerks' Rules Agreement when it physically
disqualified Claimant R. Habermehl from position of Accounts Payable Specialist No. 242 on March 2,
2. Carrier's action is in violation of Rules 3, 4, 7 and Agreement
of December 19, 1983, regarding physical examinations.
3. Carrier shall now be required to compensate Claimant Habermehl
for all time lost, seniority, vacation and all other rights unimpaired, total
time lost, ten (10) days, March 5 through 16, 1984, total $1,037.50."
OPINION OF BOARD: The Claimant was physically disqualified by the Carrier on
March 2, 1984. The Claimant's assignment was Job $242,
Accounts Payable Specialist, St. Louis, Missouri. By way of background, the
record shows the Claimant's personal physician authored a note on February 21,
1984, which stated:
"To whom it may concern,
Rose Habermehl has been receiving treatment for
an arthritic condition in the cervical spine
(neck). It is important that she avoid long
periods of sitting in certain positions which
strain this area (i.e. in front of a computer or
similar office machine). She should .be medically excused from any extended period of such
work."
On March 2, 1984, the Claimant was advised as follows:
"Our Chief Medical Officer has determined that
you are not qualified for work on positions
requiring sitting for periods of two or more
hours.
Award Number 26558 Page 2
Docket Number CL-26275
Since we do not have any positions which require
sitting for only short periods of time, this is
to advise that you are hereby disqualified from
service in the General Accounting Office until
such time as your physical condition improves.
This is effective with the close of business
this date."
By letter dated March 13, 1984, the Claimant's personal physician
modified her February 21, 1984, note stating that the Claimant could continue
to do her usual work for the normal working day of eight hours, but should not
be assigned any overtime work. The Carrier, upon receipt of this opinion,
informed the Claimant she was now considered qualified to return to service on
positions not requiring any periods of overtime. Effective March 19, 1984,
the Claimant exercised her seniority to Job I/113, General Clerk in the Payroll
Accounting Section of the General Accounting Office at St. Louis. The rate of
pay exceeded that of her former position.
The Organization argues that the lost time involved was a result of
the Carrier's Chief Medical Officer's judgment and ensuing disqualification of
the Claimant. This Board finds that challenge of the Chief Medical Officer's
judgment to be without foundation. We conclude the Claimant's disqualification was based entirely up
physician. The Carrier could not ignore those recommendations. To do so
would have been irresponsible. The Carrier has a responsibility to protect
the safety and well being of its employes. It acted upon advice supplied by a
competent physician of the Claimant's own choosing. The Carrier's Chief Medical Officer acted in a p
Claimant's physical fitness.
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 26558 Page 3
Docket Number CL-26275
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J./ r - Executive Secretary
Dated at Chicago, Illinois this 30th day of September 1987.