Form I NATIONAL RAILROAD ADJUSTMENT BOARD
TAD DIVISION
Award No. 39956
Docket No. MW-40480
09-3-NRAB-00003-080332
The Third Division consisted of the red members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
PARES TO DISP
UTE:
(National Railroad Passenger Corporation (Amtrak) -
( Northeast Corridor
STATEMENT OF CL
AIM:
"Claim of the System Committee of the Brotherhood that:
(I) The Agreement was violated when the Carrier withheld
Trackman M. Edwards from service on March 20, 21, 22, 25
and 26, 2007 (Carrier's File NEC=BME-S"665 AMT).
(2) As a consequence of the violation referred to in Part (I) above,
Claimant M. Edwards shall now `. . . be recalled to service
immediately and be compensated for any and all straight and
overtime that Mr. Edwards has been denied of since he was
wrongly medically disqualified from service."'
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, I934.
Form I Award No. 39956
Page 2 Docket No. MW-40480
09-3-NRAB-00003-080332
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute we're given due notice of hearing thereon.
Opt 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.