Docket CL-11566
Award No.
38
SPECIAL BOARD OF ADJUST'.Mi VT N0.
374
Brotherhood of Railway and Steamship Clerks, Freight Handlers
Express and Station 3nployes
and
THE PENNSYLVANIA.
RAIIWAD
COMPANY
STATEI,3NT OF CLAI2r:
Sv'~-em Docket No.
341
- Buckeye Region Case No. 0-186 - "Claim of
the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942,
except as amended, when on June 26,
1957,
it refused to permit
Clerk
H.
W. Price to exercise seniority on clerical position Symbol
U-2-E, in the Car Department, Columbus,
Ohio,
Buckeye Region.
(b) The Claimant, H. W. Price, be compensated for all monetary
loss sustained, rncludIng vacation qualifying rights, commencing
June
25, 1957,
and continuing on all subsequent dates until the
Claimant is permitted to exercise
his
seniority rights, and the
violation is corrected. (Docket
341)."
FINDINGS:
There are two important points to be considered in this case.
The first is the status of Claimants vision in June of
1957.
Carrier described it as defective. Organization had him examined by
Dr. H. E. Brown. The result of that examination and by Carriers Medical
Department follow:
Dr. Brown Carrier
Left eye
2030 2033
Right eye 2060
2067
The numerical results of the two examinations are close. Both doctors
found Claimant to have a cataract on the right eye.
Carrier states that the man holding position sought by Claimant would,
at times, be required to leave the office and walk out through the Car Shop
past moving equipment. Organization disputes this point, asserting such hazards
do not exist.
We believe they can exist. We also believe Carrier has the right to
require such a clerk to walk to various points in the performance of his work.
In such event, there would be a hazard for a person with visual defcts.
S4A 3-14
Award No,
38
The second important point is that the Organizations doctor, who
examined this Claimant, stated flatly:
"there is no reason that he cant perform desk work."
He confined his visual capabilities to the desk.
Tie will, therefore, deny this claim because there is no evidence
that Carrier acted in an arbitrary or capricious manner in exercising its
rights in this area.
AWARD:
Claim denied.
Signed this 12th day of December,
1961.
/s/ Edward A. Lynch
B. A. lynch, Chairman
Isl
A. E. P1yles
Is/
A. B. Seward
A. E. Myles, Carrier Member A. B. Seward, Employs Member
2 -