YARDMASTER DEPARTMENT AWARDS

CARRIER HELD EMPLOYEE OUT OF SERVICE FOR MEDICAL OR STRESS REASONS -- NOT CONSIDERED DISCIPLINE (147)

AWARD # REFEREE RAILROAD
First Division Award No. 23989 Fletcher Kansas City Southern

First Division Award No. 23989 (Fletcher)

"We do not agree. Claimant's Doctor indicated that he was suffering from acute stress. His report stated that Claimant indicated that '…this new job is eating me up.' It entailed more responsibility than he was willing to cope with. Claimant lived in fear of something going wrong, causing a wreck or injuries. Claimant indicated that he awakens six or eight times a night which causes chronic fatigue. He also suffers nightmares and severe teeth grinding.

Obviously, it was Claimant's physical and mental condition which triggered his disqualification. There are many Awards of this Board, as well as various Public Law Boards, which conclude that withholding an employee from service because of physical and/or mental considerations is not a disciplinary suspension.

In this matter we find that Carrier had a reasonable basis for withholding Claimant from service. Moreover, when it received appropriate information that he was now able to resume his duties, without any medical restrictions, Carrier promptly proceeded to have him examined by its Physician. When this examination developed that Claimant was qualified to return to duty he was restored to service. Accordingly, Carrier cannot be said to have acted improperly in this matter."


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Last modified: April 29, 2005