SPECIAL BOARD OF ADJUSTMENT N0. 310
The Order of Railroad Telegraphers
and
The Penssylvania Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of The O.R.T. on the
Penna Railroad that C. B. Wile, regularly assigned Block Operator at
Custer, first trick, was and is being suspended from working his regular
assignment at Custer effective May 28, 1958, in violation of Regulation
4-D-1 and 4-G-1.
Because of this violation, claim is made for a day's pay for each
working day claimant is improperly held out of service and until such
time he is restored to service at Custer. Claim also made for a day's
pay account being required to report to Medical Examiner in Columbus on
May 26, 1958 and expenses incurred in accordance with Regulations 4-D-1,
4-G-1, 4-0-1 (a) and 4-R-1." (Buckeye Region Case No. R-197 - System
Docket No. 576.)
FINDINGS:
Organization asserts that Claimant is "a victim of a hideous scheme conjured by the Supervisory Operator after he realized he could not remove Mr. Wile
from his position by any other method (because) xxx Mr. Wile had reported what
he considered an unusual operating procedure to the ICC xxx."
Many decisions have emanated from the NRAB upholding Carrier's right to
determine the physical fitness of its employees. Carrier, however, has no right
to use such privilege in an arbitrary or capricious manner.
The employees' basic rights under such circumstances are fully protected by
Regulation 8-E-1, which provides for an impartial determination of his physical
fitness by expert physicians..
Because Organization has here failed to take advantage of such right, it
cannot now ask that Carrier's decision be reversed.
AWARD:
Claim denied.
Signed this 10th day of April, 1961.
/s/ E. A. Lynch
E.
A. Lynch, Chairman
/s/ C. E.
Alexander /s/ R. J. Woodman
C. E.
Alexander, Carrier Member R. J. Woodman, Employe Member
DISSENTING