PUBLIC LAW BOARD NO. 2960
AWARD NO. 133
CASE N0. 226
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it required
Claimant H. H. Sauer to travel from his residence near Adams,
Wisconsin to Eau Claire, Wisconsin for a mandatory return to
work physical without allowing him the appropriate automobile
expense and travel time allowance. [Organization File 7PG
3135; Carrier File 81-87-90]
(2) Claimant H. H. Sauer shall now be allowed the
appropriate automobile expense for the two hundred and forty
(240) mile round trip from Adams, Wisconsin to Eau Claire,
Wisconsin and eight (8) hours straight time at the trackman's
rate."
OPINION OF THE BOARD:
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaning of
the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.
Prior to April 27, 1987, the Claimant was furloughed but
was recalled and instructed to report for a physical
examination before returning to duty. He was directed to
PLB 2960 -2- AWARD NO. 133
report for the examination at Eau Claire, Wisconsin. In
previous years, the Claimant had been required to take return
to work physical examinations at LaCrosse, Wisconsin. The
Claimant resides at Adams, Wisconsin. The Claimant requested
pay and mileage for the time and expense involved in
traveling to and from Eau Claire, a fine city by most
standards.
The Carrier noted in oral argument at the Board that
they changed the traditional location for the Claimant
because of a reduction in the number of clinics performing
such services. The number was reduced to increase their
ability to maintain consistent quality control over the
physical examination process. They note too that Eau Claire
is only 35 miles further from the Claimant's residence than
LaCrosse.
This Board has held before that time and expense -
expended in return-to-work examinations is not compensable
under the rules as written. In fact, an accepted practice
seems to exist in this case of the Claimant going to LaCrosse
on a non-compensable basis for return-to-work physicals.
Beyond this, the Board can't conclude that under these
circumstnaces the extra mileage, due to reorganizing the
system for physical examinations, is unreasonable.
?LB 2960
AWARD:
The claim is denied.
D. D. Bartholomay
Employe Member
Dated:
AWARD NO. 133
GI V~
ernon, Chairman
M. Humphrey
Carrier Member