PUBLIC LAW BOARD NO.
3558
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) SOUTHERN PACIFIC TRANSPORTATION COMPANY
EASTERN LINES
AWARD
STATEMENT
OF
CLAIM:
" 1. Carrier violated the effective Agreement when San Antonio
Division Track Laborer J. C. Gray was unjustly dismissed from service.
2. Claimant Gray shall now be reinstated to his former position
with all seniority, vacation rights and any other rights accruing to him and to
run concurrently until such time that he is rightfully restored to service."
(MW-87-37)
OPINION
OF
BOARD:
Claimant is a laborer with sixteen years of service. As a result of charges dated
January 28, 1987, hearing held on February 4, 1987 and by letter dated February 10,
1987, Claimant was dismissed from service for violation of Carrier's Rule G.
On January 19, 1987, while working in a normal fashion and without prior
warning, Claimant fell to the ground and exhibited jerking, incoherent and unconscious
seizure-like behavior for several minutes. Claimant was taken to a medical clinic for
examination and testing. Although Claimant denies engaging in conduct prohibited by Rule
G, based upon the results of the administered tests, Claimant was dismissed for violation
of that rule. Further evidence shows that on April 18, 1983, Claimant suffered a similar
seizure and was withheld from service until October 18, 1984.
According to the record, Claimant has not exhibited an unusual amount of
absenteeism Further, Claimant is considered by Roadmaster D. W. Morrow as a good
PLB 3558 Case No. 62
L. C. Gray
Page 2
worker. Finally, after the dismissal, Claimant entered and completed a rehabilitation
program.
Under the unusual circumstances presented and considering Claimant's lengthy
service with the Carrier, we believe that although substantial evidence supports the
Carrier's conclusion that Rule G was violated, dismissal was excessive in this case. The
question of suitability for return to service must be resolved as set forth below.
AWARD:
Claimant shall be returned to service with seniority and other benefits unimpaired
but without compensation for time lost. Return to service is conditioned upon Claimant's
passing a return to service physical examination. Return to service is further conditioned
upon Claimant's examination by a physician of his own choosing regarding the existence
of seizure disorders. If Claimant's physician finds no seizure disorders present, then the
Carrier, by its designated physician, shall have the option of examining Claimant for the
existence of seizure disorders. Should Claimant's and the-Carrier's physicians disagree on
the diagnosis concerning the existence of seizure disorders, the dispute shall be resolved by
a neutral qualified physician agreed upon by Claimant's and the Carrier's physicians.
Edwin H. enn, airman
and Neutral Member
ne - - . A. Hammons, r.
Carrier
IT
r Organization Member
Houston, Texas
August 31, 1988