(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(New Orleans Public Belt Railroad



1. Carrier violated, and continues to violate, the parties' Agreement when it refused to compensate Miss Myrna Campbell for two (2) days sick leave in accordance with the rules of the Agreement.

2. Carrier shall be required to compensate employe Myrne Campbell eight (8) hours pay for the dates September 8 and 9, 1978, when she was absent due to illness.

OPINION OF BOARD: Claimant, Myrna Campbell, was involved in an accident
on August 25th, 1978. As a result of injuries sustained
Claimant did not work from August 25th through September 11th, 1978. Claimant
requested sick pay for each of these days.

Claimant received sick pay for all of the days requested except for two days, September 8th and 9th. Carrier refused to grant sick pay for these days because it did not believe Claimant's sickness to be bona fide. Carrier's argument was based on the fact that Claimant was observed by the Assistant General Manager and Secretary-Treasurer testifying in court on September 8th.

The Organization claims that Carrier's failure to allow Claimant sick time for September 8th and 9th violates Section V, Rule 8 of the Agreement. It contends that Claimant provided the documentation required in Rule 8.

A determination of whether Claimant is entitled to sick pay, on the days in question, requires the interpretation of Section V, Rule 8. It states:





Under Rule 8 the payment of sick pay is not automatic. On the contrary, the parties have agreed that payment is not to be paid "unless the supervisor is satisfied that a sickness is bona fide."

However, Rule 8 does not leave it to the supervisor to decide which sicknesses are bona fide and which sicknesses are not. Instead, a mechanism is provided for making such determinations. Carrier may require the employe to submit a certificate from a reputable physician when there is doubt whether the sickness is bona fide. This is the only method contemplated in Rule 8.

Here, Claimant submitted medical documentation. The physician indicated that Claimant could return to work on September 11th. There is nothing to indicate that the physician was not "reputable." Under the terms of Section V, Rule 8, the physician's determination on Claimant's physical ability to perform her job may not be second guessed.

We will sustain the claim for 809< of her regular salary, in accordance with the Sick Leave Rule.

        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 is 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 in accordance with Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 29th day of September 1980.