Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TD DISPUTE-

STATEMENT OF GLAIHI: Claim of the System Committee of the Brotherhood

1. Carrier violated the effective Clerks' Agreement when it failed to allow Clerk G. Lepper fifteen (15) days' pay as sick leave allowance at the rate of her former position AC-923, Senior Timekeeper, for the period of January 2 through January 22, 1980.

 2. Carrier shall now be required to pay Clerk G. Lepper (her estate) fifteen (15) days' pay as sick leave allowance for the period of January 2 through January 22, 1980.

 OPINION OF BOARD: On September 18 1979,9 claimant began an extended leave
 due to illness. She was never able to return to her posi
 tion as a Senior Timekeeper and she passed away on February 11, 1980. Claimant
 had been employed by the Carrier four more than ten years. The Organization
 brings this claim, on her behalf and on behalf of her estate, for fifteen days
 of sick leave pay covering the fifteen work days in the period from January 2,
 1980 through January 22, 1980.

 Rule 56(a) of the applicable agreement which controls this dispute states:








The Organization contends that under prior awards interpreting Rule 56 on this property, claimant was entitled to sick leave pay for the first fifteen working days in 1980 even though she never actually performed work during 1980. See Third Division Awards No. 21478 (Eischen); No. 22914 (rasher). The Carrier contends the claimant was not an employe$ within the meaning of Rule 56, during 1980 because she never returned to her assigned. position after September 18, 1979. Also, the Carrier contends that there is no language in Rule 56 which provides for disbursement of sick leave pay to the estate of a former employee
 Award Number 23486
 Docket Number CL-23986

 Page 2

 During the period from January 2, 1980 through January 22., 1980.. claimant was in the service and an employe of the Carrier. Since she had more than ten years of service,, she accrued a right to receive sick leave y beginning on January 2p 1980. Third Division Award No. 22194 (Kasherr. Her claim for sick pay is not cancelled merely because she never returned to work during 1980 since she had an absolute right to receive the fifteen days of pay as of January 22, 1980.

 Similarly,* claimant's right to a sick leave allowance did not expire upon her death. The Carrier has cited agreements on other properties which specifically provide for payment of accrued but unused sick leave pay to the estate or beneficiary of a deceased employee While we question the relevance of these other agreements, we note that the sections cited by the Carrier con. cern the employer's obligations upon the death of an employee None of the provisions address the iss employe gained a right to receive payment while still living.

 We will., therefore compel the Carrier to pay the claimant's estate fifteen days of sick leave pay for the period from January 2., 1980 through January 22, 1980.

That the parties waived oral hearing;

 That the Carrier and the Eaployes involved in this dispute are respectively Carrier and Employee within the meeaing of the Railway labor Actp 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.

 ~CE 0
'JAN 2 5 llgg2

NATIONAL RAILROAD A aTI15
 By Order of Third Division

 FScecutive Secretary

 Dated at Chicago Illinois this 8th day of January 1982.