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PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
That the Carrier violated the provisions
of the current Agreement when it required
Mr. L.G. Rounsaville to obtain a commercial
driver's license (CDL) which resulted in
out-of-pocket expenses. Said action being
excessive, unduly harsh and in abuse of
discretion.
That the Carrier now reimburse the Claimant
for the out-of-pocket expenses incurred by
him in the amount of one hundred eightythree dollars ($183.00), as well as any
other expenses incurred as a result of the
violation.
FINDINGS
The facts of this case are similar to those in Case No. 32
of this Public Law Board. In both instances, Claimants were
required to take physical examinations in order to retain their
PLB Case No. 33
NMB Case No. 33
h
2
53%-.33
commercial driver's licenses. In both, medical problems were
disclosed that required further attention by the employe's own
physician. Both Claimants sought compensation for the costs
attendant to obtaining this additional care.
As we noted in Case No. 32, Carrier's policy on this matter
was reasonable and clearly conveyed to its employes. Its position was 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 Board held in Case No. 32 that compensation was not
warranted. We so hold here.
AWARD
Claim denied.
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Neutr airman
C.F. Foose, .D.A. Ring
Employe Member Carrier Me er
Date of Approval