BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND, STATION EMPLOYES

versus

ILLINOIS CENTRAL RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (A) John M. Malden, who was employed as a janitor at Carriers 63rd ,Street general office building, Chicago, Illinois, was improperly and illegally :-emoved from the service, and
th all rights unimpaired, and that claimant Malden be fully reimbursed for all rage losses sustained, from November 16, 1955 to date he is restored to service.

 Fi_°iT1ION: Carrier employed Malden in 1950 as a janitor at Carriers 63rd Street
 General Office Building, Chicago, which included usual janitorial duties as well as lift and move heavy furniture.

 At the time Claimant was hired, he was examined by a company doctor *.nd passed the physical examination. On November 14, 1955, Claimant was informed the Building Custodian that he need not report for work on the following day. The following day, Claimant received a notice from the Carrier advising him that lie was disqualified for service and should apply for retirement annuity. Following receipt of the notice, Claimant was instructed by the Building Custodian to surrender his suburban train pass. It also appears that Claimants name was removed from the seniority roster.

 It is the position of Claimant that the Carrier violated Rule 24 of the ~anreement which provides that employes who have been in the service more than 60 -lays shall not be disciplined or dismissed without investigation, and that Claim<·nt was summarily removed from the service illegally.

 It is the position of the Carrier that from January, 1957, to January, :958, Claimant was physically disqualified for service by competent medical
 ;chority and can return to active service whenever he can meet the required
 Ill standards. Carrier also relies upon Illinois Central Railroad Operat-
 ang Department Circular No. 18, Rule 4 of which provides:


                                          Award No. 58

                                          Docket No. CL-9579


        Rule 16 provides;


      "16, Employes who have been disabled by reason of accident or disease which predisposes them to sudden incapacity, or whose sight, color sense or hearing may have thereby become affected, must pass a satisfactory examination before resuming duty. Employes who have been out of service for any cause to exceed six months will be required to pass a satisfactory examination before resuming duty."


It appears that an examination of Claimant conducted by Doctors Sloan and Avery and endorsed by the Carriers Chief Surgeon determined that Claimant did not meet the minimum standards set up by Circular No. 18. In substance, the report says that Claimant is a hazard to himself and to others by reason of his impaired physical condition.

 We also find that there is no evidence that Claimant is physically ole to perform his regular and usual duties; moreover, there is evidence to the contrary.

 Under such circumstances, Rule 24 has no application. We think Rule 16 applies.

 Claimant may by virtue of Operating Circular No. 18 be returned to service when and if he can pass the required physical examination.

 'FINDINGS: The Special Board of Adjustment No. 170, after giving to the parties
 to this dispute due notice of hearing thereon, and upon the whole .
 record and all the evidence, finds and holds;

 That the Carrier and Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act;.

 That the Special Board of Adjustment No. 170 has jurisdiction, over the dispute involved herein; and ,

        That the agreement was not violated.


AWARDS Claim denied.

              SPECIAL BOARD'.OF ADJUSTMENT N0. 170


                        /s/ Edward M. Sharpe

                  Edward M. Sharpe - Chairman


/s/ R. 4f. Copeland /s/ E. H. Hallmann
 R. W. Copeland - Employe Member E. H. Hallmann - Carrier Member

 Chicago, Illinois October 29, 1958
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