Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28841
THIRD DIVISION Docket No. MS-29257
91-3-90-3-129
The Third Division consisted of the regular members and in
addition Referee Carol J. Zamperini when award was rendered.
(Doris Daniels
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"Carrier violated the effective agreement at Bensenville, IL when it
denied award of Eighty (80) hours pro rata, account held out of service July
20, thru July 31, 1988, when Medical Service did not release me in a timely
manner."
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.
The Claimant had been out of service for more than thirty (30) days
due to an off-duty injury. On or near July 20, 1988, she notified the Carrier
that her personal physician had released her for work with restrictions. In
response, the Carrier advised the Claimant, "In order to confirm the reason
for your time off work and ensure fitness upon return to work, it is necessary
that the attached Health Status Report be completed by your physician."
The Carrier's Medical Service Department did not receive the required
report until August 1, 1988. On the same day, the Claimant was advised she
could return to work. Approximately two weeks later the Claimant filed a
claim for eighty (80) hours pay because she was held out of service by the
Carrier's Medical Service from July 20, thru July 31, 1988. Her claim was
denied.
The Claimant, through the Organization, continued to appeal the
denial through the various levels of management. While the matter was being
pursued, the Carrier at the Organization's request, agreed to extend the time
limits on the claim. On March 8, 1990, the Claimant notified the National
Railroad Adjustment Board of her intent to file an Ex Parte Submission on her
own behalf.
Form 1 Award
No.
28841
page 2 Docket
No.
MS-29257
91-3-90-3-129
The matter is now before this Board.
A carrier has the right to expect its employees returning from ill-
ness or injury to be physically fit to perform their duties. It has been a
long standing practice in this industry to require medical verification of an
employees fitness. It is incredible that this is not common knowledge among
employees. Even if that were not the reality, the Claimant, in this case,
must bear the responsibility for not being returned to work more expeditious
ly. Upon being advised of the requirement to have her physician fill out the
Medical Report, she should have communicated to her doctor the significance of
completing the report in a timely manner. If she did this, it was her doctor
who delayed in processing the needed report not the Carrier. If she failed to
provide the proper direction to her physician, then she must bear the burden
of being off work longer than r_quired. As far as the Carrier is concerned,
the evidence shows that the Medical Service Department released the Claimant
for work the same day they received the required report. They were not guilty
of needless delay.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
a
30
ncy J. g#dr - Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1991.