PUBLIC LAW BOARD NO. 2960
AWARD NO. 177
CASE NO. 424
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employs
and
Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly withheld Machine Operator
D. L. King from service from April 1, 1991 (Organization File 4LF-2435T; Carrier
File 81-91-109).
(2) Claimant D. L. King shall now be allowed thirty-two (32) hours of pay at the
applicable rate of pay for a 903 machine operator."
OPINION OF THE BOARD:
The issue in this case is similar to that faced by the Board in Docket 436. The key
date for purposes of tolling the time for the Carrier's medical review in this case is March
25. The Carrier should have completed its review no later than April 4. The Claimant was
returned to service on April 5. Thus, the delay from the date the Grievant was awarded the
job was reasonable. Moreover, the delay in awarding the position was not unreasonable.
Nor does the evidence in any other way suggest the Carrier was delaying the award so as to
avoid the ten-day rule of thumb for medical approvals.
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AWARD:
The grievance is denied.
D. D. olomay
Employee Member
Dated: / VI
Gil Vernon, Chairman
AWARD NO. 177
J. arvieux
C er Member