Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
DIITUTE : and
Baltimore and Ohio Railroad Company
STATEMENT Claim in behalf of Alfred D. Friend,Jr. for wages
OF
CLAIM: lost, including overtime.
FINDINGS: After reporting off sick for two days, claimant
attempted to return to duty on-August 1, 1978. He
was notified at that time that he would not be per
mitted to resume his duties until he presented a
physician's statement that he was physically fit
to return to work.
It was not unreasonable for Carrier to insist on
such a statement. During the first seven months of 1978, claimant
had been absent on numerous occasions and worked only four full 40
hour weeks.
The Medical Department set up an appointment for
claimant on August 17, 1978 at Baltimore, a 376-mile round-trip
from claimant's home and headquarters. He was not notified of the
appointment until August 1`6. It is understandable that he did not
show up for the~examination.
2'7-18 ~ Z
Claimant eventually, on September 11, 1978, received
another appointment,'this time in Cumberland, Maryland, 41 miles
from claimant's residence. He returned to duty on the following
day with a physician's statement and was permitted to work.
While Carrier's handling of the situation was not
in the main improper in view of claimant's own failure to. produce
a doctor's statement, its scheduling of appointments does lend weight
to Petitioner's complaint of unfair treatment. It manifestly showed
a cavalier disregard ~fclaimant's legitimate interests to set up
an examination so far from his residence and headquarters on one
day's notice. Such procedures could well bewilder the most reasonable employe, even if he were aware that he would be reimbursed for
the expense involved in making the 376-mile trip.
Upon considering the record in its entirety, it is
our conclusion that the delay in arranging for an examination date
that claimant could be expected to meet is excessive and that claimant should be allowed ten days pay. Where an employe has been off
sick and Carrier considers a physical examination necessary, it
should make arrangements to hold it with reasonable dispatch and
at a reasonable location.
AWARD: Claim sustained to the extent of ten days excluding
overtime. To be effective within 30 days.
Adopted a altimore, Ma land,
~_~07,
19U.
Haro . Weston, C airman
Carrier Member Fmploye Member