Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28149
THIRD DIVISION Docket No. MW-27394
89-3-86-3-633
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company (former St. Louis( San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) Mr. M. W. Hughes shall be compensated for all compensation loss
suffered by him as a result of being improperly withheld from service August 1
through September 17, 1985."
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.
Parties to said dispute waived right of appearance at hearing thereon.
On July 18, 1985, Claimant, who was suffering from an eye infection,
was placed on sick leave. On August 1, 1985, he sought to return to work. At
that time he was given a physical examination which detected sugar in his
urine. Claimant was not allowed to return to work.
The matter was referred to Carrier's Chief Medical Officer who requested information from Claima
urine. On September 12, 1985, Claimant's Doctor performed diabetes tests.
The results were furnished Carrier's Medical Officer on September 16, 1985,
which date Claimant was cleared for return to duty, which occurred the next
day, September 17, 1985.
The Claim before this Board seeks compensation for the period which
Claimant was out of service.
Many Awards of this Board have concluded that Carrier has the right
to hold an employee off the job when he is seeking to return to service from
medical leave while his physical condition is being evaluated. In cases where
Form 1 Award No. 28149
Page 2 Docket No. Mw-27394
89-3-86-3-633
Carrier took an inordinate length of time to make such evaluations we have
awarded payment for part of the time lost. However, this case is not one in
which it appears that Carrier did not act promptly to evaluate Claimant's
condition.
It seems that the same day that the test results were received from
Claimant's Doctor, Carrier's Medical Department certified him fit for duty.
Claimant returned to service the next day. Any delay that occurred was caused
by events within Claimant's control, participation in the tests and forwarding
the results to Carrier's Medical Department. Accordingly, it cannot be said
that Claimant was improperly withheld from service.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
a~ - Executive Secretar
y y
Dated at Chicago, Illinois, this 16th day of October 1989.