PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAI1
(1) Carrier violated the Agreement when
Claimant M.F. Villanueva was not reimbursed for medical expenses over the
cost of his Commercial Drivers License
physical examination.
(2) That Mr. M.F. Villanueva be reimbursed
for all out-of-pocket expenses incurred,
including mileage to and from the Medical
Center, compensated and/or credited for
the seven (7) days vacation he was required to observe.
FINDINGS
In order to renew his commercial driver's license Claimant
M.F. Villanueva was required to undergo a physical examination.
The Medical Department concluded that his test had revealed a
personal medical problem that required additional attention by
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NMB Case No-. 32
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his own physician. Claimant had to utilize seven vacation days
while the matter was being resolved. He now seeks credit or
compensation for those days, as well as for his additional
medical expenses. (It is undisputed that Carrier paid for the
initial medical examination.)
It is Carrier's position, as set forth in a letter at the
time,that
If an employee is found to have a medical
problem at the time of his physical, the
Company doctor who reviews the physical
advises him so that he can seek appropriate
treatment. The. cost of the treatment, however, is the employee's responsibility and
the bills may be referred to his personal
insurance company.
This policy appears to be reasonable and was conveyed
clearly at the time. This Board has no basis for setting aside
carrier's decision.
AWARD
Claim denied.
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C.H G ld,
Neutra C airman
C.F. Foos , D.A. Ring
Employe Member Carrier Me er
Date of Approval