AWARD NO. 35
Case No. 35
Carrier File 200-127-9-H
UTU File K-CTA-B-Misc.-7
PUBLIC LAW BOARD NO. 394
PARTIES MISSOURI PACIFIC RAILROAD COMPANY
TO
DISPUTE UNITED TRANSPORTATION UNION (T)
STATEMENT OF CLAIM: Claim of Brakeman Joe Howard for payment of all
time lost August 9, 1968 until permitted to return to service; and claim
for time lost June 10, 1969 account required to report to Dr. Ray for a
physical examination.
FINDINGS: This Public Law Board No. 394 finds that the parties herein
are Carrier and Employee within the meaning of the Railway Labor Act,
as amended, and that this Board has jurisdiction.
In this dispute the claimant suffered a heart attack on June 14, 1968.
He reported for work August 9, 1968. The Superintendent instructed the
claimant to report to Dr. Ray at Corpus Christi for a physical examina-
tion. This report was forwarded to the Carrier's chief medical officer
who refused to allow the claimant to return to work.
The claimant was given a special examination ot October 11, 1968 and the
chief medical officer again advised against the claimant being allowed
to return to work. He was givep another examination on December 14, 1968.
Following that examination the chief medical officer advised that the
claimant could return to work January 9, 1969.
The Organization contends that the claimant should have been allowed to
return to work August 9, 1968. The Organization further contends that
Dr. Ray authorized the claimant to return to work.
Under the circumstances it appears very doubtful that in less than two
months the Carrier would allow a brakeman to return to work who had had
a heart attack.
The Organization contends that they were entitled to a three doctor panel
pursuant to an agreement entered into in the United States District Court
for the District of Columbia on September 14, 1964. This agreement is
not applicable in this dispute. This is not a special physical examina-
tion as described in Misc. 41-63. This Section refers to employees who
evidence some physical or mental incapacity to perform their services.
This physical examination was made after a heart attack to determine the
employee's physical condition before being return to work. There are
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Award No. 35
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some properties which have a three doctor panel under circumstances such
as this, but no such agreement has been introduced in evidence in this
dispute.
The Carrier was within its rights when the chief medical officer denied
allowing the claimant to return to work until the examination of December
14, 1968. However, it is the opinion of the Board that the Carrier took
too much time in determining whether the claimant was able to return to
work after the examination of December 14.
It is the opinion of the Board that the Carrier could and should have
reached a decision within five days. Consequently the claim will be paid
for December 20 until allowed to return to work.
The Organization also requested that the claimant be paid deadhead mile-
age and expense for June 10. There is no Agreement rule cited which
supports this claim. That portion of the claim will be denied.
AWARD: Claim sustained as per above.
ORDER: The Carrier is directed to comply with this Award within thirty
days from the date of this Award.
Preston J. Moore, Chairman
V. O. Niles, Organization Member
O. B. Sayers, Carrier Member
St. Louis, Mo.
May 4, 1972
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