HATIORAL RAILROAD ADJDSTMFifT HOARD

Awed Number 21095

THIRD DIVISIOY Docket Number CL-21030

Francis X. Quinn, Referee

(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employee PARTIES TO DISPUTE: (Houston Bait & T erminal Railway Compsy

STATHW=T OF CLAM Claim of the System Committee of the Brotherhood,
GL-78099 than

1. Carrier violated the Clerks' Agreement when it failed and refused to properly compensate Clerk F. D. Rivers, July 1, 1974, pursuant to Rule 31(a) of the Clerks' Rules Agreement.

2. Carrier shall now be required to compensate Mr. F. D. Rivers an additional 5 hours and 25 minutes at pro rata rate for July 1, 1974.

OPINION 0f BOARD: On the claim date Claimant requested and was granted
sick leave after performing service on his position
for a period of 2 hours and 35 minutes. He had no paid sick leave days
left under Rule 48. His claim is that he should have been paid by Carrier
for the 5 hours and 25 minutes of his tour of duty during which he was
absent on his own request due to illness.

A review of the record indicates this claim is nothing more than a request for compensated sick leave over and above that provided for in Rule 48 of the parties' Agreement. Under the well established rule of construction applicable to the case, w intend for the employee to have compensated sick leave in circumstances other than those provided for in the sick leave rule.

Furthermore, Petitioner's contentions that the minimum basic day rule guarantees an employe compensation for a period of time when he has been granted sick leave is contrary to the consistent rulings of this Board.

FIRM=: 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 Employee involved in this dispute are respectively Carrier and Zmployes within the meaning of the Railway Labor Act, a approved June 21, 1934;

Award Number 21095 Page 2

Docket Bomber CL-21030

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIOIUL RAILROAD AWUBTIM HOARD

Br Order of Third Division

ATTFST:a·H/·
Executive Secretary

Dated at Chicago, M1nois, this 14th day of June 1976.