PUBLIC LAW BOARD 964
Case No. 899
Award No. 899
Parties to Dispute:
United Transportation Union
and
Norfolk Southern Railway Company
Statement of CLAIM: Claim of Richmond District Yard Foreman J. D. Turnes for four (4) days at yard foreman’s rate on December 1, 2, 3 and 4, 1992 account of not being allowed to mark up awaiting the results of a return to work physical which was taken on November 12, 1992.
Opinion of Board: The claimant was medically disqualified from service on May 29, 1992, as a result of chronic alcoholism and seizure disorder. Claimant entered the Carrier’s DARS Program and was recommended by his counselor to be returned to service, pending a return-to-work physical examination by a Carrier selected physician. The record reveals that the physical examination was performed on November 18, 1992. The Carrier’s Director of Medical Services reviewed the results of the claimant’s physical examination, rescinded the medical disqualification, and approved claimant for return to service on December 3, 1992. Given the circumstances of this case, we find that claimant is not entitled to payment for time lost.
Findings: The agreement was not violated.
Award: Claim denied.
Dated at Norfolk, Virginia, 7th day of November 1996.
J. P. Criswell, Neutral member
K. 4d. C(11 r Member
J./0″ClarkljOiganization member
Carrier File: MD-5 Turnes, J.D.-2
Org. File: R-18521
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