NATIONAL MEDIATION BOARD, ADMINISTRATOR
SPECIAL BOARD OF ADJUSTMENT NO. 957
In the Matter of the Arbitration
-between-
Brotherhood of Maintenance of OPINION AND AWARD
Way Employes Award No. 279
-and
Southeastern Pennsylvania
Transportation Authority
In accordance with the agreement In effect between the
above-named parties, the Undersigned was designated as the
Chairman and Neutral Member of the SEPTA-BMWE Special Board of
Adjustment (the Board) to hear and decide the following claim:
1. The undue delay in returning Claimant E. Wiza to
duty following his medical release to return to
duty without restrictions on June 12, 2008 is
unjust, unwarranted and in violation of the
Agreement (Carrier's File 08-050-Fil).
2. As a consequence of the violation in Part (1)
above, the BMWED is requesting an immediate return
to duty examination for Mr. Wiza, restoration of
all benefits and all back pay from June 12, 2008,
the date Mr. Wiza was cleared to return to full
duty from his personal physician.
A hearing was held in Philadelphia, Pennsylvania on February
12, 2009 at which time the representatives of the parties
appeared. All concerned were afforded a full opportunity to
offer evidence and argument and to examine and cross-examine
witnesses consistent with the relevant procedures that exist
between the parties. The Claimant attended and participated in
the hearing. The Board met in Executive Session after the
hearing.
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- SBA No. 957
Award No. 279
FINDINGS OF FACT AND OPINION OF THE BOARD
The record indicates that the present dispute arose due to
the decision of the Carrier to delay the return to work of the
Claimant, who had incurred an injury to his knee. The record
reflects that the carrier reinstated the Claimant to his position
on or about January 1, 2009. The Carrier denied that any
violation of the Agreement had occurred because the Claimant
provided conflicting medical documentation concerning his
physical condition and his ability to return to work. The
organization alleges that the Carrier improperly disregarded
certain medical documentation that the Claimant provided and that
supported the Claimant's return to work at an earlier date.
The Organization therefore initiated a grievance to challenge the
delay by the Carrier. The Carrier denied that any violation had
occurred.
The parties failed to resolve the matter during the
preliminary steps of the grievance procedure. The dispute
proceeded to arbitration for a final and binding determination.
During the hearing the parties indicated that they had
agreed to settle the instant dispute. As a result, the Award
shall indicate that the Claim is dismissed.
Accordingly, the Undersigned, duly designated as the
Chairman and Neutral Member of the SEPTA-BMWE Special Board of
Adjustment and having heard the proofs and allegations of the
above-named parties, makes the following AWARD:
The Claim is dismissed in accordance with the
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SBA No. 957
Award No. 279
Opinion of the Board.
Robert L.-Dodgl~as
Chairman and Neutral Member
William L. apik r . Sheridan
Employee Member a r~.er Member
Concurring/Dissenting ncurring/Dissenting
DATED:
/" ~
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