NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated the Clerks' Agreement:
1. When in April 1945, it is issued instructions that requests for sick allowance should be accompanied by a Doctor's certificate of disability covering the period for which the sick allowance is requested.
2. The Carrier violated the provisions of Rule 56 (b), 78 and 82, when it issued such instructions without conference or notice to the Committee.
3. The Carrier shall be required to apply the provisions of Rule 56 (b) as the rule was applied prior to April 1, 1945.
4. The Carrier shall be required to compensate Miss Olga Pyatak, Clerk, Pier 66, New York City, for wage loss suffered April 24 and 25, 1945, account of personal illness and the arbitrary cancellation of Rule 56 (b).
EMPLOYES' STATEMENT OF FACTS: "A revised working agreement was effected March 1, 1939 between the Carrier and Brotherhood of Railway Clerks; Rule 56 (b) reading:
Effective June 1, 1940, President Williams issued the following instructions:
In the light of the foregoing facts and circumstances set forth in this submission, it is the contention of the Carrier that the claim of the Employes should be denied.
OPINION OF BOARD: The issues in this claim are identical with Award No. 3332 Docket No. 3334, and for the reason stated in the Opinion of that Award the claim is sustained.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are Tespectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the Carrier violated the current Agreement as contended by the Petitioner.