NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20638
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers,, Express and
( Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad
( Company .
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7493) that:
1. Carrier violated the provisions of the Clerks' Rules Agreement at Chicago, Illinois when it r
absent account sickness occurring April 24 through 28, 1972 inclusive.
2. Carrier shall now be required to compensate employe M. Stout
for four days' pay at the rate applicable to Position No. 2880, Comptometer
Operator, in line with the provisions of Memorandum No. 2 for April 24
through 28, 1972.
OPINION OF BOARD: The record indicates that Carrier's failure to allow
sick leave payment to Employe Stout for April 24 through
April 28, 1972 violated the provision of revised Memorandum of Agreement No.
2. In addition, Carrier's refusal to honor statements from her physician
violated the provisions of paragraph (H) thereof. Therefore we will sustain
the claim.
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 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 violated.
Award Number 20696 Page 2
Docket Number CL-20638
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 17th day of April 1975.
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