NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20496
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLAIM: Claim of the General Committee of the Railroad Sig-
nalmen on the Long Island Rail Road:
On behalf of A. Scanziani for payment of sick leave pay for
July 14, 1972.
OPINION OF BOARD: Claimant was scheduled to start vacation on Monday,
July 17, 1972. On Friday, July 14, Claimant was out
due to illness. Claimant filed for sick leave pay for Friday the 14th.
Carrier has refused to pay Claimant based on its interpretation of Section
7 of the Sick Leave Agreement.
"SECTION 7 - Should an employe's scheduled vacation commence
after a leave of absence for illness, the vacation shall be cancelled
and rescheduled at a later date in accordance with the requirements of
the service. Should an employe who is on vacation become ill, he must
continue on his vacation and will not be entitled to any sick leave allowance during such vacation p
on the employe's relief days but will be granted on the recognized holidays
if an employe is off due to illness on such days. The sick leave allowance
granted to the employes on a recognized holiday will be in lieu of compensation for the recognized h
employe's sick leave for absence due to illness on the applicable holidays."
The Carrier contends that inasmuch as Claimant elected to take
his vacation following his absence for illness he is estopped for claiming
sick leave pay.
We cannot agree with the Carrier. There is nothing in the Agreement which gives the Carrier alternat
cancel and reschedule the vacation. The refraining from the exercise of
that right does not give rise to the right to withhold sick leave pay
otherwise rightfully due under the Agreement.
I
Award Number 20731 Page 2
Docket Number SG-20496
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.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of May 1975.