BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen of America on the Illinois Central Railroad Company that:
EMPLOYES' STATEMENT OF FACTS: Claimant W. L. Stevenson is the regularly assigned Signal Testman on this Carrier's northern portion of the Illinois Division, a position which he has held for many years.
In the early part of February 1957, the local surgeon advised claimant Stevenson that it would be necessary for him to enter the hospital in Chicago, Illinois, and submit to nasal surgery. The employes of this Carrier are members of the Illinois Central Hospital Department, and all employes of the Illinois Division who submit to surgery enter the Hospital Department's hospital at Chicago, Illinois.
After being advised by the Illinois Central Hospital Department's local surgeon at Champaign, Illinois, that surgery was necessary, claimant Stevenson advised the Division officials of the Illinois Division and requested that he be granted a week of his annual vacation so that he would not lose any time or pay while he was in the hospital and recuperating from the operation. The Division officials advised the claimant that he need not take a week of his vacation, as he would not lose any time or pay since he would be paid for the time he was off due to him being a monthly-rated employe and not being eligible for overtime. Also, that since he was not taking a leave of absence, or laying off of his own accord, he would be paid for the time he was off.
With the assurance that he would be paid for the time he was off, and that it was not necessary that he take a week of his vacation, claimant Stevenson entered the hospital at Chicago, Illinois, on February 20, 1957, and submitted to nasal surgey. He remained in the hospital until
The allowance made Claimant Stevenson for the second period of February, 1957, was properly computed, and he is not entitled to additional compensation. The claim is without merit and should be denied.
All data in this submission have been presented to the Employes and made a part of the question in dispute.
OPINION OF BOARD: Claimant Stevenson entered a hospital at. Chicago, Illinois, on February 20,1957, for nasal surgery and was released for duty on March 1, 1957. Carrier deducted from his time the days he was absent from duty. Claimant contends this was in violation of Article 6, Section 72 of the Agreement which provides in part - . . no time is to be deducted unless the employe lays off of his own accord". Claimant offered no evidence to support his claim, he failed to prove that he did not "lay off of his own accord". (Emphasis ours.)
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively 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