ERIE LACKAWANNA RAILWAY CODIPANY


STATEMMNT OF CLAIM:
1. The Carrier violated the effective Agreement by failing to apply the provisions of the °Understanding on Physical Re-examinations" dated July 24, 1968 upon request of the Brotherhood in behalf of Willard Castle, Group 8, P'achine Operator.

 2. The Carrier be now ordered to promptly arrange with the Claimant's physician for a physical examination by a neutral physician.

 3. The Carrier be required to apply the provisions of the "Understanding on Physical Re-examinations" in accordance with the results of this examination referred to in Part 2.

 FINDINGS: As the result of back injuries sustained in an off-duty motorcycle
 accident, Claimant, a Class 8 operator) was absent from work for about nine months. When he returned to duty, he was first permitted to work but then disqualified from all service with Carrier on the basis of the latter's Chief Surgeons report. Claimant's private physician, Dr. Tillotson, appears to have agreed with the Chief Surgeon's findings regarding Claimant's physical condition but took issue with the conclusions that Claimant could not perform the duties of his position. Petitioner requested Carrier to refer the matter to a neutral . physician in line with the requirements of the Understanding on Physicel Re-examinations entered into by Carrier and the Organization on July 21,., 1968. Carrier declined on the ground that there was no dispute between its Chief Surgeon and Dr. Tillotson regarding Claimant's physical, condition.

 In our opinion, Carrier was in error, under the specific facts of this case, in refusing to agree to the cppointaont of a neutral physician. The awards cited by Carrier do not require a contrary interpretation.

 AWFR Claim sustained.
        Dated at New Yorkp N. Y. this 29th day of October, 1968.


/sAarold.i,. Weston
 HAROLD i:. WESTON, Neutral

 /s/A, J. Cunningham fs/R, L. Carroll
    ORGLN17ATION MEMBER CARRIER Iw1FSMER