SPECIAL BOARD OF ADJUSTMENT NO. 1048
AWARD NO. 106
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of P. C. Robertson, requesting that he be paid for all time lost from
November 30 through December 17, 1999, during which time he was held out of service
for medical reasons.
(Carrier File YN-TRM-001; Org. File MW-ROAN-99-76-LM-526)
Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly
constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a
precedent in any other case.
AWARD
After thoroughly reviewing and considering the record and the parties' presentations, the Board finds that
the claim should be disposed of as follows:
Carrier withheld Claimant from service for medical reasons from November 30 to December 17, 1999.
During handling on the property, Carrier maintained that it did so because on November 29, 1999.
Claimant told the Gang Foreman that he was having difficulty while operating pneumatic tools and
experienced dizziness while bending over. Carrier maintained that Claimant attributed the dizziness to
his medical condition which includes reliance on a pacemaker.
The Organization relies on a written statement from Claimant submitted during the on property
conference. The statement provide, in relevant part, "At no time did I make any statements to the
foreman, assistant division engineer or anyone else concerning my inability to perform myjob."
Significantly, the statement does not deny that Claimant advised the Foreman that he experienced
dizziness when bending over and operating pneumatic tools.
.SSA 1042
R
Wd
On this record, we find that the Organization has failed to prove that Carrier acted arbitrarily, or without
reasonable concern for Claimant's medical qualifications, when it withheld him from service.
Accordingly, the claim is denied.
M. H. Malin
Chairman and Neutral Member
D. . artholomay D. L. Kerby
Orga ' tion Member Carrier Member
Issued at Chicago, Illinois on February 13, 2002