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:





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.




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.








This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.



                      By Order of Third Division


Dated at Chicago, Illinois, this 30th day of September 2009.