SPECIAL BOARD OF ADJUSTMENT NO. 1116
Case No. 2 Award No. 2
PARTIES Brotherhood, of Locomotive Engineers
to and
DISPUTE: CSX Transportation
STATEMENT OF CLAIM:
Claim for payment of 23 days pay at yard rate from
January 19, 1998, through February 11, 1998, for
being withheld from service as an Engineer in
violation of BLE Articles G-s-2, G-x-S, G-m-12,
G-m-13.
FINDINGS: The Claimant was employed by Conrail as a Brakeman/Conductor
on March 23, 1986. On September 21, 1989, he was promoted to Locomotive Engineer, and about five years later, on May 30, 1998, he accepted
a Yardmaster position with Conrail. He retained his Engineer Seniority
pursuant to Article S-e-S of the Agreement. In early January 1998,
he. resigned from his Yardmaster position to return to a Locomotive
Engineer position. On January 12, 1998, he took a physical at a
Conrail approved Medical Facility in compliance with Conrail requirements and those of the Federal Government regarding Locomotive Engineers.
He "passed" the physical.
On January 14, 1998, the Claimant received a Temporary Engineer's
certification. However, the following day, January 15, the Claimant
was told he could not engage in his profession until he was cleared
by the Conrail Medical Department.
The record shows that the Claimant then made a number of contacts
with the Conrail Medical Department in an effort to be medically
cleared. On February 5, 1998, he received another physical examination in which he once again was found to be fit for an Engineer
pition.
osl
On February 10, 1998, he was told he could return to work. on
February 12, 1998, the Claimant began a one week Engineer "crash
course." The organization contends that the Claimant was improperly
held from service from January 19, 1998 to February 11, 1998. The
Claimant claims eight (8) hours pay for each of those days for a total
of twenty-three (23) days of wages.
SBA No. 1116 C-2/A-2
Page 2
It is not arguable that the Carrier has the right to require an
examination by its Medical Department prior to allowing the employee
to perform his Engineer duties. In this case, because of past medical
problems related to the Claimant's back, in effect, it required a
second examination. This action was not an unreasonable one, given
the circumstances. However, the Carrier also is required to move with
reasonable speed. Tt.clearly did not do so in this instance. Accordingly, the only question remaining is what would be a reasonable time
to elapse before the medical examination was scheduled; the results
announced and the Claimant's return to work.
The record shows that the Claimant began calling the Carrier's
Medical Department on January 19, 1998 to schedule his medical examination. Even though he made repeated calls to the person responsible
for the scheduling, she did not return his calls until 5:00 p.m. on
January 22. At that time, he was told that an appointment would be
made for him. However, he was not called again until January 26 with
an appointment for February 11. The Claimant then called the Carrier's
Medical Department on his own and set the appointment for February 5,
some six (6) days earlier., After being examined on February 5, he
was told on February 10 that he could return to work.
The record of this case is barren of any justification for the
Carrier's delay in scheduling the second medical examination.
Numerous Awards have held that the Carrier must exercise the right
to examine an employee in a reasonably expeditious fashion. These
Awards show that a reasonable time in which to examine an employee
and make the results known vary and must be decided on the circumstances of each case. _See Second Division Awards 5974, 6278 and
6753; and Third Division Awards 18797, 19484, 21065 and 21560.
In this case, a total of 23 days are involved. We find a
reasonable time for completion of the examination and notification
would have been January 26, 1998. Therefore, the Claimant is entitled. to back pay at the straight time rate for the period beginning
on January 27, 1998 through February 11, 1998.
SBA No. 1116 C-2/A-2
Page 3
AWARD
The claim is sustained to the extent noted above.
S~~ ~ ,. (. _
S. R. Friedman Eck Muess
a
R. Godwin
Carrier Member Neutral Memb Organ'zation Member