BEFORE PUBLIC LAW BOARD NO. 1837
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
AND
NORFOLK & WESTERN RAILWAY COMPANY
Case No. 73
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood
1. The Carrier violated the Agreement when it
rejected Trackman T. R. Blanton's employment
application and summarily withheld him from service
without the benefit of an investigation. (File
MW-TIP-76-7)
2. Claimant T. R. Blanton shall be returned to
service with seniority and all other rights
unimpaired and compensated for all wage loss
suffered commencing October 21, 1976.
FINDINGS:
Claimant T. R. Blanton was employed by the Carrier as a
trackman and entered service on May 12, 1976.
On November 22, 1976, the Organization notified the Carrier
that it had violated Rules 1 (A) and 22 of the agreement, stating
that the carrier dismissed Claimant Blanton without the benefit
of a fair and impartial investigation. On August 2, 1976, the
Claimant filed an application for employment in the capacity of
laborer. On October 21, 1976, the Carrier notified the Claimant
that his application had been rejected and was dismissed. The
organization asserts that, under the rules, the Carrier had
thirty (30) days from the date an employee first entered service
in which to reject his/her application for employment. Failure
to do so disallows the Carrier to discipline or dismiss the
,4
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'73 - ie37
employee without the benefit of an investigation. On December
21, 1976, the Carrier denied the Organization's claim. On March
29, 1977, the Carrier clarified its position stating that the
claimant was not dismissed, but was medically disqualified,
therefore retaining his employment relationship and having the
ability to return to service once he was medically qualified to
do so. The Organization did not accept this position, and this
matter came before this Board.
This Board has reviewed the record in this case, and we must
find that the Claimant was medically disqualified from his
position of laborer in 1976 due to back problems. The decision
to disqualify the Claimant was a medical decision, and this Board
finds that the Carrier has a right to set reasonable medical
standards for employees. At that time, the Carrier had x-rays
and other medical evidence that the Claimant would not be able to
satisfactorily perform his duties. The record does not reveal
any other medical findings that are different from the Carrier's.
Even if it did, the parties have an agreement as to what steps
must be taken if an employee desires to challenge a medical
disqualification. Those steps were not taken.
This case is not a discipline case, and no discipline rule
has been violated. Therefore, this Board can do nothing other
than to deny the claim.
2
AWARD:
Claim denied.(
ETER . M YERS
Neutral tuber
Dated:
Aeflof
,Qwp -73 -/837
;anization Memb