Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39955
Docket No. MW-40479
09-3-NRAB-00003-080327
The Third Division consisted of the regular members and in addition Referee
Martin FI. Malin when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
PARES TO DISPUTE: (
(National Railroad Passenger Corporation (Amtrak) -
( Northeast Corridor
STATEMENT OF CLAIM:
"dim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier withheld
Trackman M. Edwards from service on January 23, 24, 28, 29,
30, 31 and February 1., 20(17 (Carrier's File NEC-BMWE-SD4b53 AMT).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant M. Edwards shall now be compensated '. . . for all
straight time hours and any and all overtime hours Rule 55 -
PREFERENCE FOR OVERTIME WORK, that were worked
while Mr. Edwards was arbitrarily withheld from service on
the dates referenced above."'
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.
Form I Award No. 39955
Page 2 Docket No. MW-40479
09-3-NRAB-00003-080327
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On the dates that are subject of this claim, the Claimant was employed as a
Trackman on Gang S-096, headquartered at Groton, Connecticut. On the dates in
question, the gang was assigned to perform work on the drawbridge at Shaw's Cove.
The Claimant had notified the Carrier that he was afraid of heights and unable to
work on bridges or otherwise at heights. The Carrier asked the Claimant to provide
medical documentation of his condition, which the Claimant did. Based on that
documentation, the Claimant was medically
disqualified from
jobs that require
working at heights.
In light of the Claimant's documented medical condition, the Carrier
certainly did not act arbitrarily or unreasonably in withholding the Claimant from
service on the dates is question. Despite the Organization's protests to the contrary,
there is no Agreement Rule that required the Carrier to find other work for the
Claimant to do in these circumstances.
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 30th day of September 2009.