Case No. 18

PUBLIC LAW BOARD NO. 1948

PARTIES ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY

TO

DISPUTE UNITED TRANSPORTATION UNION

STATEMENT OF CLAIM: Claim 2,036 miles at the respective freight

rates ot pay and 268 miles at the respective local rates of pay

for Brakeman C. J. Beene, account being mishandled when he was re-

moved from service April 7, 1971 and held out of service until April

29, 1971 for obesity. The above stated miles represents the miles

he would have made on the Brownwood Brakemen extra board, if he had

not been removed from service.

FINDINGS: This Public Law Board No. 1948 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.

re-examination on March 29, 1971. The report indicated claimant's

weight was 290 pounds and that he was suffering from hypertension

with a count of 170 cystolic and 98 distolic. After the report

System Medical Director and the decision was made to place the

claimant on leave of absence.

The claimant lost considerable weight and on April 29, 1971 was per-

mitted to return to service. The Organization contends that the

Carrier has not set any standards for weight and have allowed other

employees who are obese to continue to work.

Award No. 4 of Public Law Board No. 467 supports the position of the

Carrier. It should be needless to say that the Carrier, in effect,

performed a valuable service for the claimant. Suffering from over-

condition. The Carrier was justified, and actually obligated, to re-

move the claimant from service until this situation was corrected.

Under the circumstances the Board finds no support for the claim.

AWARD: Claim denied.

Preston J. Moore, Chairman

George R. Perkins, Organization Member

Fort Worth, Texas

January 18, 1978 A. R. Dula, Carrier Member