STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6296) that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement bearing effective date August 1, 1955, including subsequent revisions (hereinafter referred to as the Agreement) between the Pacific Electric Railway Company (hereinafter referred to as the Carrier), and its employes represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as the Employes), which Agreement is on file with this Division of the Board and by reference thereto is hereby made a part of this dispute.
Mr. A. J. Bufano (hereinafter referred to as the Claimant), was off duty due to illness on May 20 and 21, 1965, and claimed sick pay for each of these dates. Claim was denied by Mr. R. C. Hollinger, Auditor, District Timekeeping Bureau, who advised Claimant as follows:
OPINION OF BOARD: The facts of this case are not in dispute. Effective April 1, 1965, Rule 54 (entitled Sick Leave) of the applicable agreement was amended. Both before and after the amendment the clear language of the rule allowed 10 days sick leave per calendar year. This claim is based on the novel argument that amending the rule as of April 1 somehow operated to make a new calendar year commence as of such date. The contention is so specious as to render refutation thereof wholly unnecessary. The plain provisions of the rule allow 10 days sick leave per calendar year. Mr. Bufano is not entitled to 11.
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