Common use of Medical Cases Clause in Contracts

Medical Cases. (a) When an employee's absence from work is due solely to a disability resulting from sickness or injury and due proof of disability is given to the office, the employee will be returned to work in accordance with the employee's seniority and these rules as nearly as may be as if the employee had not suffered a disability, provided the employee passes the required medical examination. If the disposition made as the result of any such medical examination is not satisfactory, the employee may ask to discuss the matter at the office with the Committeeperson or Unit President, and Management will arrange for the employee to do so. If a grievance on the matter is submitted, it may be referred to Step 2 of the grievance procedure. The Unit President may then take the grievance up with the Labour Relations Supervisor, or a designated representative. In proper cases, the parties may select an independent physician to resolve the conflicting medical findings of the employee's personal physician and the office physician with respect to determining the employee's ability to perform the duties of the available work to which the employee would be entitled by seniority. The selection of an independent physician by Management and the Local Union will be made within seven (7) working days from the date the matter was referred to the Labour Relations Supervisor or a designated representative. Costs will be paid by the Company. If the report of the independent physician places work restrictions or limitations on the employee equal to or greater than those previously placed on the employee by the Company physician, there shall be no retroactive pay. If the report or decision places work restrictions or limitations on the employee which are less than those previously placed on the employee by the Company physician, retroactive pay, if any, shall be limited to the period beginning with the day of the final examination by the independent physician and shall be calculated as provided in Section (3.8). The decision of the independent physician shall be final and binding on the Company, the employee involved and the Union. (b) If an employee claims to be unable to perform the duties of the available work to which the employee would be entitled by seniority and Management disputes such claim, the issue shall be submitted to an independent physician, provided consultation between the employee's personal physician and the Company physician or physicians acting for the Company does not resolve the conflicting medical findings. The independent physician shall be selected by the Local Union and Management within seven (7) working days from the date the dispute arose. The employee shall submit to a physical examination by the independent physician who shall submit a written report of the findings and conclusions. Costs of such examination shall be paid by the Company. The decision of the independent physician shall be final and binding on the Company, the employee involved and the Union.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Medical Cases. (a) When an employee's ’s absence from work is due solely to a disability resulting from sickness or injury and due proof of disability is given to the office, the employee plant he will be returned to work in accordance with the employee's his seniority and these rules as nearly as may be as if the employee he had not suffered a disability, provided the employee he passes the required medical examination. If the disposition made as the result of any such medical examination is not satisfactory, the employee may ask to discuss the matter at the office plant with the Committeeperson his Xxxxxxx or Unit PresidentChairman, and Management will arrange for the employee him to do so. If a grievance on the matter is submitted, it may be referred to Step 2 of the grievance procedureGrievance Procedure. The Unit President Chairman may then take the grievance up with the Labour Labor Relations Supervisor, Supervisor or a his designated representative. In proper cases, the parties may select an independent physician from the jointly selected panel of physicians as maintained by the Joint Insurance Committee for Disability to resolve the conflicting medical findings of the employee's ’s personal physician and the office plant physician with respect to determining the employee's ’s ability to perform the duties of the available work to which the employee he would be entitled by seniority. The selection of an independent physician by the Plant Management and the Local Union will be made within seven (7) working days from the date the matter was referred to the Labour Labor Relations Supervisor or a his designated representative. Costs will be paid by the CompanyPlant. If the report of the independent physician places work restrictions or limitations on the employee equal to or greater than those previously placed on the employee him by the Company plant physician, there shall be no retroactive pay. If the report or decision places work restrictions or limitations on the employee which are less than those previously placed on the employee him by the Company plant physician, retroactive pay, if any, shall be limited to the period beginning with the day of the final examination by the independent physician and shall be calculated as provided in Section (3.828). The decision of the independent physician shall be final and binding on the Company, the employee involved and the Union. (b) If an employee claims to be he is unable to perform the duties of the available work to which the employee he would be entitled by seniority and Management disputes such claim, the issue shall be submitted to an independent physician, provided consultation between the employee's ’s personal physician and the Company plant physician or physicians acting for the Company does not resolve the conflicting medical findings. The independent physician shall be selected by the Local Union and the Plant Management within seven (7) working days from the date the dispute arose. The employee shall submit to a physical examination by the independent physician who shall submit a written report of the his findings and conclusions. Costs of such examination shall be paid by the CompanyPlant. The decision of the independent physician shall be final and binding on the Company, the employee involved involved, and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

Medical Cases. (a) When an employee's absence from work is due solely to a disability resulting from sickness or injury and due proof of disability is given to the office, the employee plant he will be returned to work in accordance with the employee's his seniority and these rules as nearly as may be as if the employee he had not suffered a disability, provided the employee he passes the required medical examination. If the disposition made as the result of any such medical examination is not satisfactory, the employee may ask to discuss the matter at the office plant with the Committeeperson his Xxxxxxx or Unit PresidentChairman, and Management will arrange for the employee him to do so. If a grievance on the matter is submitted, it may be referred to Step 2 of the grievance procedureGrievance Procedure. The Unit President Chairman may then take the grievance up with the Labour Labor Relations Supervisor, Supervisor or a his designated representative. In proper cases, the parties may select an independent physician from the jointly selected panel of physicians as maintained by the Joint Insurance Committee for Disability to resolve the conflicting medical findings of the employee's personal physician and the office plant physician with respect to determining the employee's ability to perform the duties of the available work to which the employee he would be entitled by seniority. The selection of an independent physician by the Plant Management and the Local Union will be made within seven (7) working days from the date the matter was referred to the Labour Labor Relations Supervisor or a his designated representative. Costs will be paid by the CompanyPlant. If the report of the independent physician places work restrictions or limitations on the employee equal to or greater than those previously placed on the employee him by the Company plant physician, there shall be no retroactive pay. If the report or decision places work restrictions or limitations on the employee which are less than those previously placed on the employee him by the Company plant physician, retroactive pay, if any, shall be limited to the period beginning with the day of the final examination by the independent physician and shall be calculated as provided in Section (3.828). The decision of the independent physician shall be final and binding on the Company, the employee involved and the Union. (b) If an employee claims to be he is unable to perform the duties of the available work to which the employee he would be entitled by seniority and Management disputes such claim, the issue shall be submitted to an independent physician, provided consultation between the employee's personal physician and the Company plant physician or physicians acting for the Company does not resolve the conflicting medical findings. The independent physician shall be selected by the Local Union and the Plant Management within seven (7) working days from the date the dispute arose. The employee shall submit to a physical examination by the independent physician who shall submit a written report of the his findings and conclusions. Costs of such examination shall be paid by the CompanyPlant. The decision of the independent physician shall be final and binding on the Company, the employee involved involved, and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!