NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20915
. Francis X. Quinn, Referee
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond and John H.
( McArthur, Trustees-of the Property of Penn Central
( Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7771) that:
(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 7-A-
denied the request for a hearing under the provisions of said rule.
(b) Claimant E. P. Dyson now be awarded appropriate reparations because of the Carrier's denial
afforded him by Rule 7-A-1.
OPINION OF BOARD: A review of the Agreement between the parties indicates
that the subject of sick leave allowances is covered
by Rule
4-1-1.
Sick leave allowance is not a subject "otherwise than cov
ered by these rules." Accordingly, we find that the Carrier properly re
jected the request for a hearing on appeal under Rule 7-A-1. The lack
of merit in the present claim is further reflected in the fact that the
Employee could have progressed the issue of Claimant's entitlement to a
sick leave allowance for April 27, ;.973, under the proper rules of the
Agreement. They did not process such a claim. Therefore we will deny
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 not violated.
Award Number 21271 page 2
Docket Number CL-20915
A W A R D
Claim denied.
NATICRAL RAILRMD ADJUSTMENT BOARD
By Order of Third Division
Executive
Ex~e'cutive Secretary
Dated at Chicago, Illinois, this 15th day of October 1976.