NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24076
Martin F. Scheinman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Port Authority Trans-Hudson Corporation
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Port Authority Trans-Hudson
Corporation:
On behalf of Signal Trainee Thomas Hopf for payment for time lost due
to sickness on November
27, 28
and
29, 1979,
in accordance with Article IX -
Paragraph A of the current Signalmen's Agreement."
OPINION OF BOARD: The facts in this case are not in dispute. Claimant, T.
Hopf, was hired to work in Carrier's Track & Structure
Department on June
7, 1976.
On November
5, 1978,
he was hired as a Signal
Trainee under the BRS Agreement. Claimant was ill on November
27, 28
and
29,
1979·
He was denied sick pay for those days.
The applicable provision concerning this dispute is Article A
7 of
the current Agreement.
"Notwithstanding anything to the contrary in paragraph
A hereof, employees hired after June 1,
1978
shall be
paid supplementary sickness benefits for each work day
when sick only after the first five
(5)
work days of
such sickness is the case of all sicknesses arising
during his employment hereunder. However, an employee
will be paid such benefits on days when hospitalization
occurs within the first five
(5)
work days of a sickness."
(Emphasis supplied).
The Organization contends that since Claimant,was hired by the Carrier
prior to June 1,
1978,
he is entitled to sick pay for his illness during the
month of November
1979.
It argues that the term "hired" islclear and
unambiguous. It can only mean "hired" by the Carrier and not "hired" under
the Agreement. Therefore, according to the Organization, Article A
7 does not
apply to Claimant and he is entitled to sick pay as per Article A 1 of the
Agreement.
Carrier, on the other hand, maintains that the term "hired" always
means "hired under the Agreement" unless specific language indicates otherwise.
It also points out that six other signal trainees were hired under the Agreement
after June 1,
1978.
Like Claimant, they all had worked far Carrier under other
agreements before that date. All of these trainees became sick at various times,
yet none of them were paid or even filed for sick pay for the first five days
of his or her illness. Accordingly, Carrier asks that the claim be rejected.
Award Number 24051 Page 2
Docket Number SG-24076
It is clear that the record evidence fails to substantiate the
claim here. Stated simply, the Organization has not met its burden of proving
a violation of the Agreement.
The Organization's
interpretation of Article A 7 meat fail is light of
the consistent interpretation that has been given to this language by the parties.
In fact, Claimant himself was out ill on three separate occasions prior to
November
1979.
In none of those instances did Claimant receive nor claim benefits
for his sickness. Thus, it appears that the parties to this dispute, including
the Claimant, have recognized that "hired" in Article A 7 means "hired under the
Agreement" and not "hired by the Carrier". This is consistent with the historic
interpretation given to such provisions in the Railroad Industry.
Finally, other awards cited by the Organization are not dispositive
of the facts in this dispute. They refer to other agreements involving different
language from that which is present here. In addition, past practice under the
current Agreement involving the same language is clearly more relevant than
interpretations of different language under different agreements. Accordingly,
the claim must be rejected.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor
Act, as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction aver the
dispute involved herein; and
That the Agreement was not violated. -
A W A R D
J
r
Claim denied.,
r
NATIONAL RAILROAD ADJUSThENT,BOARD
By Order of Third
Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By ~ ._
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of November 192.