AWARDS 99 - CARRIER MEDICALLY DISQUALIFIES EMPLOYEE WITHOUT GIVING REASON OR PROOF OF DISABILITY

Second Division Award No. 12193 (Simon)

"It has been generally recognized the Carrier may remove an employee from service under a medical disqualification if the Carrier has reason to believe the employee's continued service may jeopardize his health or safety, or that of his fellow workers. See Second Division Award 7863. It should be noted we do not consider this to be a disciplinary matter which would require a hearing under the applicable Rules governing suspension and dismissal. Nevertheless, this Board has consistently held the Carrier must exercise its discretion in a way which is neither arbitrary nor unreasonable. See Second Division Awards 9961, 11612 and 12121. The Carrier's action disqualifying the Claimant must, if challenged, be supported by proof that it acted reasonably and not arbitrarily, discriminatorily, or in bad faith; the burden being on the Carrier to establish the legitimacy of its action in accordance with those standards. See Third Division Award 28506, citing Third Division Awards 22379 and 26056.

"In the dispute before us, the Carrier offered no explanation for Claimant's removal from service, save the statement in its Submission, which comes too late for us to consider. Furthermore, the medical evaluation by the doctor of Carrier's choosing gives no hint as to why this action was taken. Claimant was found to have no disabling emotional disorder. Based upon the evidence properly in the record before us, we cannot conclude the Carrier's action in removing Claimant from service was reasonable. The Agreement, therefore, was violated."