NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20258
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brother-
hood of Railroad Signalmen on the Seaboard Coast
Line Railroad Company that:
(a) Carrier violated the current Signalmen's Agreement,
as amended, particularly Rule 46, when it failed to pay Signal Maintainer R. A. King his regular mon
1972.
(b) Carrier should compensate R. A. King his regular
monthly salary for February and March, 1972, less amounts already
paid for these months. _
/Carrier's File: 15-46 (72-1)/
OPINION
OF BOARD: Claimant R. A. King is a monthly rated Signal Main
tainer who is covered by the controlling Agreement
between Carrier and the Brotherhood of Railroad Signalmen, Petitioner
herein. The uncontroverted record indicates that Claimant was ill
with the flu and unable to work from February 19 to March 6, 1972.
Carrier deducted from Claimant's monthly salary compensation for the
days he was off sick after ascertaining that Claimant did not wish
to have these days counted as vacation time.
Claimant contends that Carrier's action was in violation
of Article 46 of the Agreement which reads in pertinent part as
follows:
"Rule 46 - Rates of Pay for Monthly Positions
"An employee assigned to the maintenance of
a section who does not return to home station daily and
employees regularly assigned to perform road work may
be paid on a monthly basis. Such employees shall be
paid not less than the minimum hourly rate established
for the corresponding class of employees coming under
the provisions of this schedule. These employees shall
be paid a monthly salary of $678.60 which is derived at
by multiplying 211-2/3 (2540 hours per year, divided by
12) by $3.206 per hour. No overtime is to be allowed for
time in excess of eight (8) hours per day; on the other
hand no time is to be deducted unless the employee lays
off of his own accord, except that employees working on
their regularly assigned rest day or performing work out-
Award Number 20541 Page 2
Docket Number SG-20258
"side their assigned hours not contemplated in their
assignment will be paid at the time and one-half rate in
accordance with Rule 16(a)."
Carrier points out that at the time this claim arose no
express Agreement existed regarding sick pay for employees in Claimant's classification. Moreover, n
instance of such sick time payment was shown by Claimant as a predicate of this claim. It should be
Agreement negotiated under Section 6 of the Railway Labor Act sickness benefits are provided effecti
including Signal employees; however such benefits were not available
to Claimant when this claim arose.
The instant claim is without Agreement support, either in
express language or in past practice; and this Board is without
authority to supply such a rule where none exists. See Awards 10893,
15533 et al. Moreover, we have previously considered the issue presented in this claim and se
earlier Award is not applicable equally here. See Award 11033. In
all the circumstances the claim must be denied.
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 respectively Carrier and Employes
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement has not been violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
~e Secretary
Dated at Chicago, Illinois, this 13th day of December 1974,