Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37417
Docket No. MW-37020
05-3-01-3-648
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Canadian Pacific Railway (former Delaware and
( Hudson Railway Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and
refused to reinstate Mr. C. Conklin to service beginning May 3
and continuing through June 5, 2000 (Carrier's File 8-0162
DHR).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant C. Conklin shall now be compensated for all lost time
beginning May 3 through June 5, 2000 and he shall have all
rights, benefits and credits restored."
FINDINGS:
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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No. 37417
Page 2 Docket No. MW-37020
05-3-01-3-648
Parties to said dispute were given due notice of hearing thereon.
During a return from furlough physical examination given to the Claimant on
April 10, 2000, medical concerns were detected which, in the opinion of the
Carrier's Chief Medical Officer, required further evaluations by the Claimant's
primary care physician, a general surgeon and an orthopedist. The Claimant's
primary care physician released the Claimant on May 3, 2000. The last release to
come in was from the Claimant's orthopedist, which was received by the Carrier on
June 1, 2000. The Claimant was permitted to return to work on June 5, 2000.
The evidence does not sufficiently demonstrate that the delay in returning the
Claimant to work was the Carrier's fault. The Claimant was permitted to return to
work upon receipt of further medical evaluations, which were not complete until the
Carrier received information on June 1, 2000 that the Claimant's orthopedist also
released him to return to work. The Claimant was then returned to work in a
reasonably timely fashion on Monday, June 5, 2000 (after an intervening weekend).
This claim shall be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 22nd day of March, 2005.