BEFORE PUBLIC LAW BOARD NO. 1837
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
AND
NORFOLK & WESTERN RAILWAY COMPANY
Case No. 72
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood
1. The Carrier violated the Agreement when it
improperly withheld Trackman J. L. Taylor from
service after he had been physically qualified to
return to service on August 28, 1984.
2. Claimant J. L. Taylor shall be reinstated with
seniority and all other rights unimpaired and
compensated for all wage loss suffered commencing
August 24, 1984.
FINDINGS:
Claimant J. L. Taylor was employed by the Carrier as a
trackman.
On October 26, 1984, the organization filed a claim on
Claimant's behalf alleging that the carrier violated the
provisions of the parties' effective working agreement dated
February 1, 1951, when the Carrier failed and refused to permit
the Claimant to return to service on August 28, 1984, and
deprived him of employment from the time he was qualified to
return to service. On August 27, 1984, the Claimant was given a
physical examination and was qualified to return to service on
August 28, 1984. The Carrier alleges that the Claimant was being
held from service due to his distant vision, which had to be
corrected to 20/40 or better in both eyes. After a September 11,
1984, examination, the Carrier noted that the Claimant had not
A,,,,,
A -?
Z - I
8'3 7
corrected his vision sufficiently to be returned to service. The
Carrier withheld the Claimant from service pending the results of
an ophthamologist's report. The report was dated August 24,
1989, and on October 16, 1989, the Carrier notified the Claimant
that he did not meet the requirements and was disqualified from
duty, but not terminated, with the opportunity to further correct
his vision. The organization appealed without a resolution, and
this matter came before this Board.
This Board has reviewed the record in this case, and we find
that there is sufficient evidence in the record that the Claimant
was properly disqualified because his vision did not meet the
Company's minimal visual standards. The Claimant's vision in his
right eye was only 20/60, and the minimal standard of the Carrier
is 20/40.
There is no question that the Carrier has the responsibility
of maintaining a safe and efficient operation and also has the
right to set reasonable physical standards for its employees.
Along with the right, the Carrier has the right to withhold from
service employees who do not meet their physical standards. This
Board can find nothing unreasonable or arbitrary about the 20/40
vision requirement.
There is nothing in the record to show that since the
Claimant was disqualified for his vision problems, that his
vision has improved. Therefore, this Board cannot find any
violation of the agreement, and the claim must be denied.
2,
AWARD:
Claim denied.
P ER R. ME ERS
Neutral Me er
Carrier Member
r nization Membe