NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22664
George S. Roukis, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of tfte System Committee of the Brotherhood (GL-8628)
that:
Claim No. 1
1. Carrier violated the Agreement between the parties when on
Wednesday, January 5, 1977, it did not allow
Key Punch
Operator P. P. Gray
sick leave allowance as provided in Rule 57 of the current Clerks' Agreement
that she had qualified for and had coming to her.
2. As a result of its' violative action, Carrier shall now be
required to compensate
Key Punch
Operator P. P. Gray for eight (8) hours
pay based on the rate of $1,180.87 per month.
Claim No. 2
1. Carrier violated the Agreement between the parties when on
Monday, January 10, 1977, and Tuesday, January 11, 1977, it did not allow
Experienced Station Accountant Clerk F. G. Erdmann sick leave allowance
when he was off sick and unable to work.
2. As a result of its' violative action, Carrier shall now be
required to compensate Clerk Erdmann for sixteen (16) hours pay based on
the rate of $1,228.40 per month.
OPINION OF BOARD: The employe organization has joined two separate,
albeit virtually identical claims on behalf of
Claimants in this dispute.
Specifically it contends that Carrier violated Agreement Rule 57
when it denied them sick pay on the days that they were properly off.
In one case, Claimant P. P. Gray was off on January 5, 1977, while in the
other case, Claimant F. G. Erdmann was off on January 10 and 11, 1977.
The organization relies upon paragraphs (a) and (b) of this Rule to
support its position.
Award Number 22778 Page 2
Docket Number CL-22664
Carrier, on the other hand, argues that paragraph (c) of role 57
is applicable to this dispute since it requires that the employing officer
must be satisfied that the absences are due to bona fide sickness. In both
cases, it asserts, the absences occurred on snow days and were not followed
up with appropriate medical verification, except a note from the respective
spouses, about fifteen (15) months later attesting to their illness.
Paragraph C reads:
"The employing officer must be satisfied that the sickness
is bona fide. Satisfactory evidence as to sickness may be
required in case of doubt."
In our review of the case, we agree with Carrier that Claimants were under
a greater obligation to adduce more persuasive proof regarding their
claimed illness. A physician's note would have sufficed within the
meaning and intent of paragraph (c) to comply with this requirement once
the employing officer questioned the absence. Careful reading of this
provision reveals that the Carrier official must be satisfied that the
illness is bona. fide and might require in cases of reasonable doubt,
evidentiary verification. The notes submitted by the Claimants' spouses
in March 1978 were far too late and self serving and would hardly
qualify as compelling probative evidence pursuant to this requirement.
Claimants had a timely opportunity to demonstrate that they were sick,
but did not do so to their detriment.
Based upon .the record, we are constrained to deny the claims,
but must point out consistent with our appellate authority, that we don't
think the rules permit Carrier to issue a blanket interpretation to the
effect that if it snows you can't receive sick pay if you do not show up
for work. The claims are denied.
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
Award Number 22778 Page 3
Docket Number CL-22664
That the Agreement was not violated.
A W A R D
Claim
denied,
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST; ~i~1/·
Executive Secretary
Dated at Chicago, Illinois, this 14th day of March 1980.