Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27789
 THIRD DIVISION Docket No. MW-27309
 89-3-86-3-422
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The Carrier improperly withheld Sectionman G. C. Kavanagh from service for the period beginning on May 7, 1985 and extending through July 10, 1985 (Case No. D-38/013-210-50).

 (2) The Carrier shall now allow Sectionman G. C. Kavanagh compensation for each day within the c
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant was employed by Carrier as a Sectionman on the Oregon Division. On May 7, 1985, Claimant was withheld from service account Carrier officials felt it was in the best interest of Claimant's health and safety. Claimant had been injured in an off-duty auto accident on October 17, 1983. He was on medical leave for over one year as a result of the injuries. On December 3, 1984, Claimant was medically released to return to duty. Upon returning to work, he frequently complained that certain twisting resulted in severe pain and partial blackouts. Based on Claimant's comments about his condition and the observation of Claimant at work by Carrier officials, it was decided on May 7, 1985, to relieve Claimant from service and obtain medical documentation for his ability or inability to properly perform his duties.
 Form 1 Award No. 27789
 Page 2 Docket No. MW-27309
 89-3-86-3-422

 After considerable correspondence and discussion of the situation, Claimant was directed on June 6, 1985, to return to work when he felt capable. He did not return until July 11, 1985. A claim was filed requesting pay for Claimant from Nay 7, 1985, through July 10, 1985. In an attempt to settle the claim Carrier offered Claimant a $500 lump sum payment. Claimant refused the $500 payment and processed his claim to the Board for resolution.

 This Board has reviewed this record and it is persuaded that Carrier was more -than justified in removing Claimant from service in an attempt to make sure he could perform his railroad job without unexpectedly passing out on the job. When Carrier was satisfied that Claimant could do his job, he was told to return to work.




                          By Order of Third Division


Attest:
      Nancy J wor - Executive Secretary


Dated at Chicago, Illinois, this 29th day of March 1989.