ARTICLE 29

PHYSICAL EXAMINATIONS

A. APPLICABLE TO SOUTHERN CONDUCTORS, TRAINMEN, YARDMEN AND CNO&TP CONDUCTORS AND AGS CONDUCTORS (EXCEPT NO&NE DISTRICT)

1. Examinations

a. Employees may be required to report for physical examinations to a physician of the Company's choosing upon being given written notice to do so by a proper official. Examinations as a matter of routine will not be held more often than once a year; this shall not, however, prevent special examinations at more frequent intervals if, in the judgment of Management, such examinations are necessary, nor shall it prevent periodic examinations at more frequent intervals if required by the physician.

b. In connection with such examinations the following shall apply:

(1) Employees required to take a physical examination shall do so within twenty (20) days and may select a time during their layoff period if they so desire.

(2) The examination shall be privately conducted and no one but medical personnel will be in attendance.

2. Disqualification

a. If an employee is disqualified, the Medical Director will promptly so notify the employee, in writing, setting forth both the medical diagnosis of the employee's condition and the Company's minimum medical standard(s) which that condition does not meet.

b. Should a disqualification be accepted as valid and later the employee's health improves and such improvement is verified in writing by a competent physician, the employee or the General Chairperson may request and will be granted, another examination by the designated Company physician. The Company shall have ten (10) days from the receipt of medical verification of such improvement, to either reaffirm the disqualification or return the employee to service. If the employee is found to be qualified and is not notified within ten (10) days from the receipt of medical verification, he will be paid for all time lost after the tenth day until he is notified that he may return to service.

3. Neutral Physicians

a. If the employee takes exception to such disqualification, the employee or the Local Chairperson will promptly notify the General Chairperson, providing a written report from a physician of the employee's choice stating medical findings which demonstrate that the employee does meet the Company's minimum medical standards. The General Chairperson will then bring the case to the attention of the Director of Labor Relations within twenty (20) days of the notice of disqualification, presenting a written protest of the disqualification, together with the written report from the employee's physician stating the contrary medical findings. If the case is not brought to the attention of the Director of Labor Relations within twenty (20) days, the disqualification shall be considered valid. (See Section B.2. for subsequent possible handling.) The General Chairperson and the Director of Labor Relations may agree to extend the time limit if circumstances beyond the control of the parties prevent this time limit from being met.

NOTE: These time limits will also apply in the event a dispute arises under Paragraph B.2.

b. Upon receipt of the contrary medical findings, the Director of Labor Relations and the General Chairperson shall each select a doctor to represent them on a three-doctor board, each notifying the other of the name and address of the doctor selected. The two doctors thus selected shall confer and appoint a third doctor. The third doctor selected for the board shall be the neutral doctor and, where necessary, shall be a specialist in the disease or injury from which the employee is alleged to be suffering. If possible, a neutral will be selected whose office is located near the employee's point of employment.

c. The neutral doctor thus selected will examine the employee. The doctors representing the employee and the Company will provide the neutral doctor with copies of the results of the relevant examinations by the employee's physician and the Company physician. In addition, they may make any oral or written representations that they deem relevant to the proper determination of the case, provided they furnish a copy to the other party. After completion of the examination, the neutral shall make a report, furnishing one copy to the Director of Labor Relations and one copy to the General Chairperson. The neutral doctor's report will set forth his medical findings and his conclusion as to whether the employee meets the Company's medical standards. Such conclusion shall be accepted as final and binding.

d. In the event the decision of the neutral doctor is that the employee does meet the applicable standards to continue in his regular occupation, the neutral shall render additional final and binding opinions as follows:

(1) Whether the Company was justified in holding the employee out of service for the medical reason(s) presented to the neutral doctor.

(2) If found that the Company was not justified in holding the employee out of service, the date the neutral determines to be the earliest date that the employee did meet the applicable standards.

e. Should the neutral's decision be favorable to the employee, lost time will be handled by the General Chairperson and the Director of Labor Relations in accordance with the following:

(1) A filed dispute for medical disqualification automatically includes a claim for all time lost as a result of such disqualification, whether so stated or not.

(2) The employee will be paid for lost time from the date which the neutral doctor rules he did meet the applicable standards until the date which the employee is notified he may return to service.

f. Should the neutral doctor fail to comply with Paragraphs 3. or 4. above, his report and findings will be considered invalid. In this event, the Director of Labor Relations and the General Chairperson shall request the Board of Medical Review to again convene and appoint a third doctor who will comply with this Article.

g. The fee of the neutral doctor and any expenses incurred in connection with his examination of the employee shall be paid equally by the Company and the Organization. The Company and the employee shall each defray the expenses of their respective appointees.

4. Improvement in Condition

If the neutral doctor upholds the disqualification and later the employee's health improves, the employee or the General Chairperson may invoke the provisions of Paragraph B.2. above.

B. APPLICABLE TO NO&NE DISTRICT CONDUCTORS, TRAINMEN AND YARDMEN, CNO&TP TRAINMEN AND YARDMEN, NOT YARDMEN AND AGS TRAINMEN AND YARDMEN

1. Employees may be required to report for physical examinations to a physician of the Company's choosing upon being given written notice to do so by a proper official. Examinations as a matter of routine will not be held more often than once a year; this shall not, however, prevent special examinations at more frequent intervals if, in the judgment of Management, such examinations are necessary, nor shall it prevent periodic examinations at more frequent intervals if required by the physician.

2. In connection with such examinations the following shall apply:

When employees are required to undergo a physical examination they shall do so within ten (10) days and may be privileged to select a time during their layoff period if they so desire. If an employee asks for an extension of time to take such examination, one 10-day extension shall be granted -- examination must, however, be taken before the 20th day, if time is extended, or before the 10th day if not extended. Employees off on leave of absence or out of service because of sickness or injury will not be notified to report for a physical examination until they report for service.

The examination shall be privately conducted and, except at the request of the employee, no one but doctors and nurses will be in attendance.

Upon the request of the employee, he will be given a copy of the medical findings, and, in the event he successfully passes or fails to pass the examination, he will be advised.

3. If an employee is disqualified and takes exception to such disqualification, it shall be his privilege to seek counsel with a physician of his own choosing which shall be done within ten (10) days after being disqualified. If this is not done within ten (10) days, any lost time claim shall be considered only as running from the date the Company is advised of the opinion of the physician consulted. If the physician so consulted disagrees with the findings of the Company physician and contends that the employee is qualified, the matter may be further handled with the office of Assistant Vice President, and if not disposed of, shall be handled in the following manner:

a. The Company's examining physician and the employee's examining physician will conduct a re-examination at the office of the Company's examining physician and, if possible, agree whether the employee is qualified or disqualified. If they agree the employee is qualified, he will, if approved by the Company's Medical Director, be returned to service. If they agree the employee is disqualified, their decision is final. If any lost time is involved, it shall be handled in accordance with the provisions of paragraph 4.a. and b., the two physicians to agree upon the finding instead of the neutral. Failing to agree or failing to secure approval of the Medical Director, the matter may be progressed to the office of the Assistant Vice President by the employee's representative.

b. The employee or his representative, or the Carrier through its representatives, may select a physician to represent them; the other party will name a physician to represent it. The two physicians so named will select a third physician, who shall be a practitioner of recognized standing in the medical profession and, if necessary, a specialist in the disease or diseases from which the employee is alleged to suffer. The neutral physician thus selected will examine the employee and render a report within a reasonable time, not exceeding thirty (30) days from the date of his selection, setting forth his findings as to the physical condition of the employee in question and his opinion as to his fitness or unfitness to continue in his regular employment. Such findings shall be accepted as final and binding. He shall also make the finding provided for in Paragraph 4.b. below. Should the decision be adverse to the employee and it later develops, through medical findings that his physical condition has improved, a re-examination will be arranged upon request of the employee or his representative.

c. In selection of the said neutral physician those in the state where the employee lives shall, if qualified, first be considered.

d. The physicians selected by the representative parties may make to the neutral physician any representations which they may believe pertinent in connection with the examination. If made in writing, copy of such representations shall be furnished the other party's medical representative.

e. In the event of selection of a neutral physician as hereinbefore provided, the Company's and the employee's representative either directly or through the employee involved will each defray the expenses of their respective medical appointee and the fee of the neutral will be divided equally between the two parties at interest. Any other expenses incident to such examination by such neutral physician are also to be divided equally.

4. a. It is also understood that in a case where an employee is disqualified because of his physical condition and it subsequently develops that there was no justification for taking such employee out of service he will be paid for lost time under the following conditions:

b. The neutral physician, hereinabove referred to, will in his findings specify whether or not in his opinion there was justification for the original disqualification; in reaching this decision the original medical findings which disclose his condition at the time disqualified shall be given due consideration. The opinion of the neutral doctor shall be accepted by both parties as determinative of the justification or non-justification of disqualification.

This page last updated: March 02, 2005