NATIML RAILROAD AWM7DMT HOARD

Award Number 21189

THIRD DIVISION Docket Number SG-.20900

Francis R. Quinn, Referee

(Brotherhood of Railroad Signalmen
PARTIES TO D333PUTE:
(The Long Islam Rail Road Company

STATEMENT OF CLAIM: Claim of the General committee of the Brotherhood
of Railroad Signalman on the Long Island Rail Road
Company:

On behalf of Mr. Angelo Licata for sick leave allowance for August 7, 1973.

OPINION OF BOARD: There has been no attempt by the Organization to
deny the existence of a concerted job action on
August 7 and 8, 1973. However, the record is clear that the Claimant was
absent on August 7, 1973 because of &-previously arranged dental appoint
ment. The Claimant did receive dental treatment on the claim date, whereas
there is only the Carrier's speculative assertion that if that had not
taken place he would have either not reported for work or would have left
his job early. Evidence prevails over speculation. 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 Employee 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 ADJUSTlM BOARD

By Order of Third Division

ATTEST. Executive Secretary

Dated at Chicago, Illinois, this 13th day of August 1976.