PARTIES Brotherhood'of Maintenance of Way Employes

DI,'rFUTE: and .



STATEMENT Claim of Elisha McGrew for reinstatement with


FINDINGS: By reason of the Agreement entered into by and
between the parties on June 13, 1964, and upon
all of the evidence in the record, the Board finds that the
parties hereto are respectively the employe and the c rrier
as defined in the Railway Labor Act, as amended, and that
it has ,jurisdiction in this proceeding.

In a letter dated August 17, 1983, Carrier notified the Claimant to attend an investigation to determine the facts and his responsibility, if any, for his insubordination in not following instructions and reporting for a physical examination. An investigation was conducted on August 30, 1983. Claimant did not appear. His representative did appear. In a letter dated September 6, 1983, Claimant was advised that he was dismissed from service.

The record shows that on May 23, 1979, the Claimant reported an on the job personal injury. Thereafter, Claimantworked intermittently until October 10, 1979. Since the latter date, Claimant has not worked, contending that he is incapacitated because of the injury. '

On January 12, 1983, Carrier wrote to the Claimant instructing him to report to the Southeastern Industrial Medical Center for a physical examination within five (5) days. A U. S. Postal Fleceipt bearing Claimant's signature shows that he received this letter on January 24, 1983. He did not report to the medical clinic as instructed, and he called no one.
Award No. 5
Docket No. 5 ,2_

Another such letter was sent to the Claimant on February 22, 1983. A U. 8. Postal Receipt shows that he received this letter on March 3, 1983. F;e did not report to the Southeastern Industrial Medical Center as instructed, nor did he talephone anyone.

Carrier again wrote to the Claimant on May 26, 1383 calling his attention to the fact that he failed to arrange for a physical examination as instructed in the second notice dated March 3, 1983 and advised him that his failure to follow such instructions will be handled as insubordination. There was no response.

On July 19, 1983, Dr. Kishan Chand, Carriers Medical Director, wrote to the Claimant instructing him to call his office within the next five days to schedule "a Persona). Injury Evaluation". Having received no reply, the Administrative Manager to Dr. Chand telephoned and spoke to the Claimant. In a letter to the Carrier dated August 10, 1983, this Administrative Manager reported the telephone call and said, "In personally speaking to Mr. McGrew he stated that he had no intention of scheduling any appointment with Dr. Chand, supposedly upon the advice of his.Attorney".

Carrier is entitled to have its medical director examine and evaluate Claimants alleged.injury to determine whether or not he is able to perform his prescribed duties. Although absent for a considerable time, he was still an employs of the Carrier and as such subject to reasonable instructions. It is not unreasonable to request his submission to a physical _xamination and evaluation. By refusing to follow directives, Claimant was guilty of insubordination. The Board, therefore, finds that he was dismissed from service for just cause.and that

there is no merit to his claim.

Claim denied.

AWARD

avm wUmx, Chairman anc tveutral memr

77/77. BEAT1:Y,,,Zarr1er Member

DATED:

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WI T , OE, Employe'hiembe~