Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT Claim made by George A. King for the Production
_OF
CLAIM: Tampers rate of pay for April 18-22 and 25-29;
May 2-6, 9-13, 16-20, 23-27, 30 and 31 and
June 1-3, 1977 account Donald Harris, a junior
employe, operated the Production Tamper while
claimant was held out of service.
FINDINGS: Claimant, on furlough since December 7, 1976,
bid for and was awarded on April 2, 1977 a Pro
duction Tamper position. He was to begin work
in that position on April 18, 1977.
However, since he had sustained three personal
injuries and complained of vision and head trouble while emplo··ed
in 1976, Carrier required him to take a special physical examin-
2
ation before returning to :pork. There is no question but that
Carrier had that right under the circumstances.
Claimant took the examine=ion on April 25, 1977,
but the results were not available until June. He was permitted
to return to work on June 6, 1977.
In weighing the respective interests of the
parties, we are not satisfied that Carrier acted with reasonable
dispatch. While
we
are mindful of its Medical Department's busy
schedule, it is incumbent upon Carrier to take all reasonable
measures to avoid unnecessary financial loss to the employe who
is observing its requirements.
No persuasive consideration has been advanced
for a delay of over 15 days in this case. The claim accordingly
will be sustained for May 6, 1977 and all subsequent dates set
forth in the above Statement of Claim.
AWARD: Claim sustained to the extent indicated in Find-
ings.
Adopted at Baltimore, Maryland,~
x-~
1980.
Harold M. Weston, Chairman
-. ~ ZIL~d~
Carrier Member Emplo:e Member
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