PUBLIC LAW BOARD NO.
3666
PARTIES Brotherhood'of Maintenance of Way Employes
DI,'rFUTE: and .
Indiana Harbor Belt.Railroad Company
STATEMENT Claim of Elisha McGrew for reinstatement with
'Ff7 full seniority unimpaired and for lost earnings
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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