NATIONAL RAILROAD ADJUSTMENT BOARD
William M. Edeett, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
SEABOARD COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers Association that:
(a) The Seaboard Coast Line Railroad Company (hereinafter referred to as "the Carrier") violated the effective Schedule Agreement
betwee the parties, Article XI and Article XII (Addendum No. 3, Article III) thereof in particular, when on March 10, 11, 12, 13 and 14,
1969, it refused to allow Train Dispatcher R, J. Green in its Tampa,
Florida train dispatchers' office (hereinafter referred to as "the
Claimant") sick leave compensation and in lieu thereof allowed vacation compensation.
(b) Because of said violation the Carrier shall now be required
to correct its payroll records to indicate compensation allowed on
March 10, 11, 12, 13 and 14, 1969, as sick leave compensation instead,
of compensation for vacation and to further correct said payroll records to show vacation not taken and compensated for on the herein
referred to dates.
EMPLOYES' STATEMENT OF FACTS: There is an Agreement between
the parties. Said Agreement is by this reference made a part hereof as though
fully set out herein. For ready reference Article XI is quoted in full, and that
part of Article XII (Addendum No. 3, Article III) pertinent hereto is quoted:
"ARTICLE XI
SICK LEAVE AND SUPPLEMENTAL SICKNESS BENEFITS
(a) Regularly assigned train dispatchers will be allowed, during
each calendar year, sick leave pay; and supplemental sickness benefits
(within the meanig of Section 1(j) of the Railroad Unemployment
Insurance Act) for each work day when sick in such amounts as, when
added to the benefits payable with respect to days of sickness under
the Railroad Unemployment Insurance Act, will produce total combined benefits in accordance with the following schedule:
(1) r'or train dispatchers with one (1) through nine (9)
years' service as train dispatcher, ten (10) days at full daily
rate of pay; ten (10) days at full daily rate reduced by the
`(1) For train dispatchers with one (1) through nine
(9) years' service as train dispatcher, ten (10) days at full
daily rate of pay; ten (10) days at full daily rate reduced by
the amount of benefits payable under the Railroad Unemployment Insurance Act, and ten (10) days at one-half
daily rate to supplement the benefits payable under the Railroad Unemployment Insurance Act.
(2) For train dispatchers having ten (10) through nineteen (19) years' service as train dispatcher the respective
number of days for which sick leave and supplemental sickness benefits are payable will be increased to twenty (20),
and
(3) For train dispatchers having twenty (20) or more
years' service as train dispatcher the respective number of
clays for which sick leave and supplemental sickness benefit
are payable will be increased to thirty (30):
(b) Sick leave allowance and supplemental sickness benefits shall
not be carried over from one calendar year to another.
(c) The Company may demand satisfactory evidence of sickness."
Mr. R. J. Green, of Tampa, Florida, seniority date of November 13,
1952, as train dispatcher, finished his work week approximately 4::00 P. M.,
Friday, March 7, 1969. His rest days are Saturday and Sunday and he was
scheduled to go on his vacation in accordance with big request for a period
of one week, beginning Monday, March 10, 1969.
After Mr. Green arrived at his home following his Friday work day
on March 7, 1969, he sustained an accident which resulted in his foot being
broken and being placed in a cast. Telephone request was made on Saturday
morning March 8, 1969 that Mr. Green be shown off duty and on paid sick
leave ether than on vacation for the succeeding week and his request was
declined.
There was no deletion of sick leave pay and certainly no postponement
of scheduled vacation in this situation inasmuch as Mr. Green was granted
time off for vacation in accordance with his expressed preference.
Claim was presented that Mr. Green be allowed 5 days sick leave pay in
lieu of the compensation of his assignment while he was afforded his vacation.
Although, the complete agreement is on file with this Board, Article RI
has been quoted above for the convenience of the Third Division.
Claim was progressed up to and including Carrier's highest designated
officer who declined the claim after holding conference with the General
Chairman. Pertinent correspondence concerning this claim is attached hereto
as Carrier's Exhibits "A" through "G."
(Exhibits not reproduced.)
OPINION OF BOARD:
The claim herein involves the same parties, the
same rules and similar contentions as were involved in Award 18572. For
the reasons set forth in that Award the claim herein will be denied.
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FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are repectively 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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 28th day of May 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
18573