(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Chicago, Rock Island and Pacific Railroad Company:

 (a) Carrier violated the Signalmen's Agreement, particularly Rule 62, when it deducted from monthly A. B. Richards' earnings for the month of January, 1972, the total amount of $439.80.
deducted or 39.80. _

OPINION OF BOARD: Claimant A. B. Richards is a monthly rated CTC Main
 tainer employed by Carrier at Joliet, Illinois.
 Mr. Richards was absent from his job due to illness from January 10 -
 15 and January 24 - 31, 1972. Claimant was under doctor's care during
 these periods and there is no dispute concerning the _bona fides of his
 illness; but he did not report his illness and his absence to his im
 mediate supervisors.

 As a result of these absences, Carrier deducted some $439.80 from Claimants pay for January 1972. On March 27, 1972 the instant claim was initiated alleging a violation of Rule 62 of the Signalmen's Agreement which reads in pertinent part as follows:

Petitioner and Claimant contend essentially that unavoidable illness and absence caused thereby does off of his own accord." Moreover, Petitioner argues that elemental equity demands that Claimant and employees similarily situated should not lose monthly pay for being sick. Carrier, on the other hand, urges that the clear language of Rule 62 is controlling and that, albeit harsh in some cases, no contractual obligation existed for sick pay at the time this claim arose.


Upon careful review of the record and precedent awards, we find that this case is virtually identical with that decided in our denial Award No. 11033 (Referee Hall). For the reasons stated therein and for the additional reason that this Board is not empowered to expand by interpretation c parties have clearly and expressly drawn, the claim must be denied. See Awards 8676, et al. In this latter connection, it is worth noting that the parties, subsequent to the claim dates here involved, established by mutual agreemen Benefit Plan effective July 1, 1973.

        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 was not violated.


                  A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: ~ ~' ~~,~1QJ Executive Secretary


        Dated at Chicago, Illinois this 21st day of March 1975.