NATIONAL RAILROAD ADJUSTMENT BOARD Award Number
24490
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9486)
that:
(a) The Carrier violated the General Agreement and Article IX of the
National Agreement when it failed to allow Mrs. Lillian Purvis to observe her
personal leave day.
(b) That she now be compensated 8 hours at the pro rata rate of
$65.25 for June 21, 1979.
OPINION OF BOARD: The Claimant, a cut-off clerk working on an "as-needed"
basis, complains -that her request for a personal leave day
for June 21, 1979, was denied in violation of Article IX of the National Agreement
of January
13,
1979.
Article IX permits additional sick leave days granted by the Agreement
to be taken as personal leave upon 48 hours' advance notice, when "consistent
with the requirements of the Carrier's service".
On June
18,
1979, the Claimant submitted a request to treat a day of
sick leave as personal leave to be taken on June 21. At the same time, she also
submitted a notice of resignation from service effective at the close of the
requested personal leave day. Her resignation became effective on June 22, 1979.
On June 21, she did not stand for an assignment from her unassigned "as-needed"
status. Approval of the leave was denied on the ground that, under the circumstances, she was not en
It is the Organisation's contention that the Claimant had met the
various contractual conditions for entitlement to the personal leave day sought
and she should accordingly have been paid as requested.
From our review of the facts presented and after considering the
arguments advanced by the respective parties, it is the Board's conclusion that the
claim cannot be sustained.
A reasonable reading of Article IX reflects the intention to permit
personal leave to be taken for the purpose and in the circumstances for which
that benefit is ordinarily afforded to employes. Personal leave is granted as an
accommodation to an employe's compelling need to attend to personal business of a
kind which cannot be performed at a time other than during the employe's duty
hours. The time off is given with the expectation that the employe thereafter
will resume his work status.
Award Number
24490
Page 2
Docket Number CL-24257
In the instant situation the evidence is clear that the day claimed as
personal leave was not used, or meant to be used, for its intended contractual
purpose. The Claimant's conduct looked toward a termination of her employment
status, rather than a return to it, following the day sought as personal leave.
In fact, it is apparent from the timing of her resignation for the day after the
leave sought, a step she had earlier indicated she was planning to take that the
complainant was attempting to secure consideration and compensation not contemplated
by the framers of Article IX. We cannot find in the language of Article IX of
the January 13, 1979, Agreement support for the claim here asserted.
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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
an J. Dever
Executive Secretary
Dated at Chicago, Illinois, this Std day of August
1983.
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