(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

"(a) The Southern Pacific Transportation Company violated the current Clerks' Agreement, Rule 66 thereof, when it failed and refused to compensate Mr. E. L. Hepner in accordance with its terms; and,
be required to allow Mr. E. L. Hepner eight (8) hours' compensation
 at the rate of Crew Dispatcher Position No. 307 each date January 2,
 5, 6, 7, 8, 9, 12, 13, 14 and 15, 1976."

 OPINION OF BOARD: Claimant was employed on dates of claim as Crew
 Dispatcher and had worked for Carrier for 27 years.
 On December 24, 1975 Claimant walked off his position and he subse
 quently was terminated on January 26, 1976 following notice and
 investigation. The sole and only question presented in this case,
 however, is whether Carrier violated Rule 66 in denying Claimant's
 sick leave requests on the claim dates above. Rule 66 reads as
 follows:



' Docket Number CL-22182

    "deduction made from his pay for time absent on account of a bona fide case of sickness until he has been absent five (5) working days in the calendar year; an employe who has been in continuous service for two years and less than three years, seven and one-half (7 1/2) working days; an employe who has been in continuous service three years or longer, ten (10) working days. Deductions will be made beyond the time allowance specified above, except that unused sick time days may be accumulated from one calendar year to the following calendar year up to a maximum of ten (10) days. For example: An employe entitled to 10 days sick time in the year 1971 is paid for only 5 days sick time. In 1972, he would be entitled to 10 days sick time plus 5 days' accumulation. If this employe is allowed sick pay 11 days in 1972, he would be entitled to 10 days plus 4 days' accumulation in 1973.


    The employing officer must be satisfied that the sickness is bona fide. Satisfactory evidence as to sickness is the form of a certificate from a reputable physician, preferably a Company physician, will be required in case of doubt."


On his timecard for January 1976 Claimant sought sick time for each of the dates of claim. That request was denied by Superintendent Babers' letter of February
        " ..you must show bonafide proof that you were off

        sick each date a certificate from a physician will

        suffice."


It is an unrefuted matter of record that Carrier had no physician in the Eugene, Oregon area. Claimant obtained and submitted to Carrier a certificate from his personal physician reading as follows:

        "Everett Hepner has been under my care from 12/30/75 to present and is able to return to work on 1/12/76."


Thereafter, Superintendent Babers continued to deny the claim for sick days, now asserting that the sickness was not bona fide in the circumstances of Claimant's termination.

 In the particular circumstances of this case we conclude that Carrier erred in refusing to grant Claimant sick leave payment
                  Award Number 22665 Page 3

                  Docket Number CL-22182


for those dates which are referenced in the physician's certificate. To that extent, therefore, Carrier violated role 66. We shall sustain the claim for the dates of January 2, 5, 6, 7, 8 and 9, 1976. The claim is denied as to January 12, 13, 14 and 15, 1976 since Claimant's own doctor certified that he was able to return to work on January 12, 1976.

        FILINGS: 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 to the extent indicated in the Opinion.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: 4z. Z2 12
      "Executive Secretary


Dated at Chicago, Illinois, this 14th day of December 1979.