SECTION 4
Disputed Cases

INITIAL
STEPS

If the HSD has medically disqualified an Employee, or issued a medical clearance with work restrictions which the Supervisor is not able to reasonably accommodate, then the Employee may protest in accordance with applicable collective bargaining agreement(s).

In those instances, the Employee must provide documentation from his/her doctor stating medical reasons why the Employee could perform the essential job functions of the job(s), with or without reasonable accommodation, for which the Employee has seniority.

Questions concerning details of the Employee's medical condition should be referred to the HSD to adhere to confidentiality of medical information. However, the Employee's union representative may discuss the case with the Supervisor and the appropriate Union Pacific Labor Relations representative. If circumstances warrant, the Supervisor may request re-evaluation coordinated by the HSD.

IF...

THEN...

a) Re-evaluation by a physician selected by the HSD indicates the Employee CAN safely perform essential job functions of a specific Railroad job, . . .

the Employee returns to service as soon as the HSD issues updated medical clearance, and the Supervisor confirms reasonable accommodation is possible when work restrictions are applicable.

b) Re-evaluation by a physician selected by the HSD indicates the Employee CANNOT safely perform essential job functions of the assigned job,...

the HSD issues an updated fitness-for-duty statement, and advises the Supervisor. The Supervisor then updates the Employee's union representative and the appropriate Union Pacific Labor Relations representative.

c) The Employee or his/her union representative notify the Supervisor that they are still not satisfied with re-evaluation results,...

 

the Supervisor notifies the appropriate Union Pacific Labor Relations representative. The Supervisor will then arrange a joint conference between the Employee's union representative, the Supervisor and the HSD. (The Employee may also be requested to participate or appear for personal observation if requested by the Supervisor or HSD.)

d) Consensus is reached at a joint conference between the Employee and/or his/her union representative, the Supervisor and HSD that the Employee CAN safely perform essential job functions of the assigned job,...

the Employee returns to service as soon as the HSD issues an updated medical clearance, and the Supervisor confirms reasonable accommodation is possible when work restrictions are applicible.

e) Consensus is reached at a joint conference between the Employee and/or his/her union representative, the Supervisor and the HSD that the Employee CANNOT safely perform essential job functions of the assigned job,...

the HSD issues an updated fitness-for-duty statement to the Supervisor.

 

REQUESTS
TO ESTABLISH
MEDICAL
BOARDS
 If consensus is not reached during the joint conference described on page 12, the Employee's union representative may present a request to the appropriate Union Pacific Railroad Labor Relations representative, asking to establish a special medical board in accordance with applicable collective bargaining agreement(s). In general, a special medical board review is conducted in the following manner:

 

Each physician selected to participate in the special medical board review: 1) has graduated from a Class A medical school; 2) has practiced medicine for at least five years; and 3) has a solid professional reputation in the community.

Three physicians are chosen, one each by: 1) Union Pacific Railroad; 2) the Employee; and by 3) joint Union Pacific Railroad and Employee agreement.

A written agreement describing the appointment of a special medical board, and acceptance of its decision as binding, is signed by the Employee, the Employee's union representative, and the appropriate Union Pacific Railroad official.

The Employee reports for the scheduled medical evaluation(s).

Within 15 days after evaluation of the Employee, the special medical board issues a joint report of findings and decision. One copy each is provided to: 1) the Union Pacific Railroad Health Services Department; 2) the Employee's union representative, and 3) the Employee.

The special medical board decides if the Employee has the physical and/or mental capacity to safely perform essential job duties of the assigned Union Pacific Railroad job. The special medical board's majority decision is final and binding as to the Employee's medical qualification or disqualification for assigned Union Pacific Railroad job.

If the special medical board determines that the Employee CAN safely work, and a claim for reimbursement of lost wages is submitted, the special medical board determines the date the Employee recovered sufficiently to return to work. The Employee is reimbursed for tost time after that date.

Union Pacific Railroad, and the Employee, each pay the fee for service and expenses for their respective special medical board selected physicians. The fee for service and expenses of the third, jointly selected physician, and any additional special medical board expenses, are shared equally by Union Pacific Railroad and the Employee.