Article 3 Article 3
Article 3
Board of Physicians - Physical Examinations
Section I
When physical or visual examinations are required by the company, the cost of such examinations will be borne by the company.
Section 2
When supplementary examinations other than by local company physician are required by the company and are later found to have been
unnecessary, the cost of such supplementary examinations will be borne by the company, and the employee will be compensated for time
lost, if any. When facilities are available, such examinations will be made at the point where the employee is stationed.
Section 3
It is hereby agreed that any road conductor, road brakeman, yardman or switchtender who is disqualified for service due to alleged physical
disability or who is held from service to undergo physical examination and is disqualified, and who contests such disqualification, will be
privileged to have a physician of his own choosing to examine him; If the employee's physician contends that the employee is physically able
to perform service, the employee or his representative will so notify the Carrier in writing with a written statement from the employee's
physician within fifteen (15) days of the employee's disqualification and this notification will act to institute the foll~wing procedures:
A. The Carrier's designated physician shall promptly contact and consult with the employee's designated physician, and the two physicians
will endeavor to agree upon the employee's qualification to perform service. .
If the two physicians agree that the employee's condition is such that he may resume or continue in service, the employee will be paid for all
time lost, if any. If the two physicians agree that the employee's condition justifies the disqualification then this particular issue will be
considered closed, subject, however, to the procedures of Paragraph E hereof.
B. In the case two physicians are unable to agree as provided in Paragraph A above, they shall proceed to select a third physician who, if
any special type of case is involved, will be a certified specialist in the disease or impairment which is alleged to be the employee's
disqualification. The third physician thus selected will proceed to examine the employee and " render a report of his findings as promptly as
possible, which report will contain a statement of the physician's opinion as to whether or not the employee is physically able to perform
service in his occupation. This opinion will be final and binding on the parties; subject, however, to Paragraph E hereof.
C. If the majority of the physicians conclude that the employee is physically able to perform service in his occupation, the employee shall be
permitted to return to service and will be paid for all time lost, if any.
D. The Carrier and the employee will each defray the fees and expenses incident to the use of their respective physicians. The fee of the
third physician will be shared equally by the organization representing the employee and the Carrier. Any additional expense incurred in the
application of Section 3 will be borne by the employee.
E. An adverse decision by the majority of the three physicians shall not act to bar the employee from requesting a re-examination by the
Carrier to determine physical fitness at some later date, provided such request shall not occur earlier than ninety (90) days from the date of a
decision obtained through the procedures of this agreement. Such a request will reinstitute the foregoing procedures for determination by
the physicians representing the Carrier and the employee, including a third physician if necessary. In the event the employee is qualified as
a result of examinations conducted under this section, he will be returned to service. The employee shall be entitled to a prompt
re-examination, and if the re-examination is promptly conducted by the company physician [within ten (10) days of the date of receipt of the
written request for re-examination], and is approved for service at the re-examination or within five (5) days thereafter, no claim for time lost
will be valid. If the employee is disqualified by the company physician, any question of time lost will not be valid prior to the date of receipt of
the employee's written request for re-examination in the further handling of this particular issue.
Article 3
Board of Physicians - Physical Examinations
Section I
When physical or visual examinations are required by the company, the cost of such examinations will be borne by the company.
Section 2
When supplementary examinations other than by local company physician are required by the company and are later found to have been
unnecessary, the cost of such supplementary examinations will be borne by the company, and the employee will be compensated for time
lost, if any. When facilities are available, such examinations will be made at the point where the employee is stationed.
Section 3
It is hereby agreed that any road conductor, road brakeman, yardman or switchtender who is disqualified for service due to alleged physical
disability or who is held from service to undergo physical examination and is disqualified, and who contests such disqualification, will be
privileged to have a physician of his own choosing to examine him; If the employee's physician contends that the employee is physically able
to perform service, the employee or his representative will so notify the Carrier in writing with a written statement from the employee's
physician within fifteen (15) days of the employee's disqualification and this notification will act to institute the foll~wing procedures:
A. The Carrier's designated physician shall promptly contact and consult with the employee's designated physician, and the two physicians
will endeavor to agree upon the employee's qualification to perform service. .
If the two physicians agree that the employee's condition is such that he may resume or continue in service, the employee will be paid for all
time lost, if any. If the two physicians agree that the employee's condition justifies the disqualification then this particular issue will be
considered closed, subject, however, to the procedures of Paragraph E hereof.
B. In the case two physicians are unable to agree as provided in Paragraph A above, they shall proceed to select a third physician who, if
any special type of case is involved, will be a certified specialist in the disease or impairment which is alleged to be the employee's
disqualification. The third physician thus selected will proceed to examine the employee and " render a report of his findings as promptly as
possible, which report will contain a statement of the physician's opinion as to whether or not the employee is physically able to perform
service in his occupation. This opinion will be final and binding on the parties; subject, however, to Paragraph E hereof.
C. If the majority of the physicians conclude that the employee is physically able to perform service in his occupation, the employee shall be
permitted to return to service and will be paid for all time lost, if any.
D. The Carrier and the employee will each defray the fees and expenses incident to the use of their respective physicians. The fee of the
third physician will be shared equally by the organization representing the employee and the Carrier. Any additional expense incurred in the
application of Section 3 will be borne by the employee.
E. An adverse decision by the majority of the three physicians shall not act to bar the employee from requesting a re-examination by the
Carrier to determine physical fitness at some later date, provided such request shall not occur earlier than ninety (90) days from the date of a
decision obtained through the procedures of this agreement. Such a request will reinstitute the foregoing procedures for determination by
the physicians representing the Carrier and the employee, including a third physician if necessary. In the event the employee is qualified as
a result of examinations conducted under this section, he will be returned to service. The employee shall be entitled to a prompt
re-examination, and if the re-examination is promptly conducted by the company physician [within ten (10) days of the date of receipt of the
written request for re-examination], and is approved for service at the re-examination or within five (5) days thereafter, no claim for time lost
will be valid. If the employee is disqualified by the company physician, any question of time lost will not be valid prior to the date of receipt of
the employee's written request for re-examination in the further handling of this particular issue.
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