Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33496
Docket No. CL-34655
99-3-98-3-319
The Third Division consisted of the regular members and in addition Referee
Robert G. Richter when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the organization (GL-12027) that:
I am filing claim on behalf of Mr. Joseph Cooper, TSR, Rigby Yard
(Portland, Maine). Claim is for eight (8) hours at the rate of time and onehalf for June 24, 1997.
Carrier violated the Agreement when it accepted Mr. Cooper into Train
Service, account his position at PT Tower (Rigby Yard) was abolished.
One [sic] June 23,1997, the Carrier sent Mr. Cooper for his physical with
Dr. Johnson at Portland, Maine, following his appointment, Jr. Cooper
was informed that he would be required to return to the doctor's office the
following day for a continuing physical exam, June 24, 1997. The Carrier
originally paid Mr. Cooper eight (8) hours at straight time and then took
four (4) hours pay away.
Rules violated are 35.1, 35.2, 35.3 and all other rules of this Agreement.
Claim is valid and must be paid."
Form 1
Page 2
FINDINGS:
Award No. 33496
Docket No. CL-34655
99-3-98-3-319
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning
of
the Railway Labor Act, as
approved June 21, 1934.
herein.
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
Parties to said dispute were given due notice of hearing thereon.
As
of
June 23, 1997, Claimant was without sufficient seniority to hold a Clerk's
position. In anticipation
of
this event, Claimant accepted the Carrier's offer to become 'r"'
a Trainman. Claimant was instructed to report for a physical exam on June 23. As a
result
of
the Claimant's inability to give a urine sample he had to report back to the
doctor on June 24.
Under the provisions
of
Rule 32.1 the Claimant claims eight hours pay and the
Carrier allowed four hours. Rule 35.1 reads as follows:
"35.1 When employees are directed by the Carrier to report for a physical
examination, they will be reimbursed for all actual necessary expenses
incurred and will be compensated for any time lost as a result
of
taking
such examination. In the event no time is lost, employees will be
compensated for the actual time spent at the physical examination at the
applicable straight time hourly rate with a minimum
of
four (4) hours."
The Organization argues that because Claimant had to report on the second day,
a second four hour payment should apply.
Form 1
Page 3
Award No. 33496
Docket No. CL-34655
99-3-98-3-319
The Carrier argues that the physical examination had nothing to do with clerical
duties and as such, Rule 35 does not apply.
The Organization has the burden of proving the Agreement was violated. In the
record before this Board, there is no evidence that taking a physical exam for
employment as a Trainman is covered by the Schedule Agreement. However, even if it
was covered, the reason for the second trip to the doctor was caused by the Claimant.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 22nd day of September 1999.
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