CARRIER HAS RIGHT TO ESTABLISH MEDICAL STANDARDS FOR EMPLOYEES (145)

Decision No. 796 - Special Board of Adjustment No. 180 (Douglass)

"The Carrier has the right and the duty to establish reasonable physical standards for their employees. For example, men with epilepsy are not qualified, as per the carrier's standards, to work around moving equipment. It is true that a man with epilepsy might be able to perform his work satisfactorily, but the ever present danger of an attack remains."

Award No. 1 - Public Law Board No. 1382 (Sempliner)

"The carrier is concerned as to its prerogative to establish reasonable minimum physical qualifications for its employees, that they will not be a danger to themselves, their fellow employees or the public. This is not only the carrier's right, but also its duty, and this award in no way abridges that right. Such standards, once established, however, must be reasonable, uniformly applied and published so that both the carrier's examine physicians and its employees know what the standards are."

Award No. 8 - Public Law Board No. 4093 (Zusman)

"This Board agrees that the Carrier has a right to be certain that the Claimant is medically fit to return to his position."

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 that 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 away 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."

Second Division Award No. 12472 (Fletcher)

"In applying this reasonableness standard, the Board has recognized that both the employee and the Carrier share an obligation to expedite receipt and release of necessary medical documentation and information. The Board has also recognized that special cases require longer periods for review than more ordinary cases. Carriers have a basic obligation to insure that any return of an employee who had been absent because of illness or injury satisfied its medical standard. Importantly, though, in cases where the returning employee has satisfied accepted medical standards, the Board has concluded that delays in effecting a return to duty, within the control of a Carrier, are the responsibility of the Carrier."

Second Division Award No. 12876 (Gold)

"This Board does not dispute Carrier's assertion that (a) it has the right to establish standards of mental and physical fitness, (b) it has a responsibility to shield physically unfit employees from conditions that would jeopardize their health and safety, and (c) it has a right to take reasonable measures to make certain that an employee is capable of performing his or her duties."

Third Division Award No. 29008 (Zamperini)

"As this Board has held on numerous occasions, the Carrier has the right to protect itself and its employees by assuring that its active employees are physically able to perform their duties."

Third Division Award No. 29035 (Zamperini)

"There is no question that the Carrier does not have the right to establish the minimum medical standards for its employees."

Third Division Award No. 31578 (Benn)

"As the Carrier asserts, it is well settled that, absent arbitrary treatment, the Carrier is entitled to determine whether its employees are fit to perform service. First Division Award 17154; Second Division Awards 7497, 9961; Third Division Awards 20652, 22553, 23008, 25013."