SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No.
13 6
Docket No. 124
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier's disqualification of Track Supervisor L. M
Thompson for alleged visual deficiencies was arbitrary,
capricious and not in accordance with Carrier's own job
description for track supervisors (Organization File
3KB-4338 D; Carrier File 81-87-222).
(2) Claimant L. M. Thompson shall now be allowed the difference in
the rate of pay between trackman and track supervisor beginning
August 26, 1983, and continuing until he is returned to a track
supervisor's position.
FINDINGS:
This Board, upon the whole record and all the evidence, finds and
holds that the employees and the Carrier involved are respectively
employees and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
Claimant L. M. Thompson was employed as a track supervisor by
Carrier and he holds track supervisor seniority dating from January of
1970. In April of 1983, Claimant underwent corrective eye surgery for
a detached retina in the left eye which allegedly corrected his
vision.
Claimant received a letter dated August 29, 1983, from the
Carrier disqualifying him, stating:
. you no longer are physically qualified for a DOT
drivers license, therefore, you cannot operate any Company
vehicle. . .
After Claimant's disqualification the organization filed a claim on
Claimant's behalf requesting that the Claimant be compensated for the
difference in earnings commencing August 26, 1983. The claim was
1
g:;~w- l3
denied and resulted in this matter being brought before this Board
for resolution.
This Board has reviewed the record in this case, and we find that
the Carrier has the right to set the physical requirements of the jobs
on the property. The Carrier's medical director requires that the
Department of Transportation's standards apply to the operation of motor
vehicles when such vehicles carry materials requiring placarding. The
Department of Transportation's standards require that the vision of a
truck driver has to be at least 20/40. The record in this case
reveals that the Claimant's vision was either 20/60 or 20/200; neither
of which are as good as 20/40. Therefore, the Carrier had the right
to disqualify the Claimant from the job at issue.
However, there is some evidence in the record that the Claimant's
eyesight has improved in his bad eye. If that is the case, he should
be examined by the Company doctor; and if he meets the Department of
Transportation's standards, he shall be reinstated as a track
supervisor immediately, but without back pay.
AWARD:
Claim sustained in part. If the Claimant can demonstrate that
his eyesight in his bad eye has improved to at least 20/40 and in
every other way he meets the Department of Transportation's standards
of a truck driver, he shall be reinstated as a track supervisor, but
2
q~l c-f - ('3
(z'
shall receive no back pay.
!ember
-Z
A
Date:
DETER R. M Y RS
Neutral Me er
-w
Organization M ber