Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42275 Docket No. MW-42555 16-3-NRAB-00003-140224

The Third Division consisted of the regular members and in addition Referee Louis V. Imundo, Jr. when award was rendered.

(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference

PARTIES TO DISPUTE: (

(BNSF Railway Company

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier failed to comply and return Claimant T. Brunner to service after being released by his personal physician on March 11, 2010, following a medical leave of absence (System File C-10-P018-31-10-10-0396 BNR).

(2) As a consequence of the violation referred to in Part (1) above, Claimant T. Brunner shall '. . . be paid for all straight time, overtime, Holiday pay, and credited the vacation qualifying days that he was not allowed to work during the claim period beginning March 29, 2010, until the Carrier returned the Claimant to work on April 16, 2010."

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. 42275

Page 2 Docket No. MW-42555

16-3-NRAB-00003-140224

Parties to said dispute were given due notice of hearing thereon.

The Carrier did not have good and sufficient reason(s) to have delayed in returning the Claimant to service. Accordingly, the Claimant is entitled to ten days at the straight time rate of pay in effect at the time.

AWARD

Claim sustained in accordance with the Findings.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 21st day of April 2016.