Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26823
THIRD DIVISION Docket No. CL-26809
88-3-86-3-75
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10079) that:
1. Carrier violated the Clerks' Rules Agreement when, on August 6,
1984, its Operations Supervisor issued blanket order that regular Crew Clerks
and Master Roster No. 3 Extra Board Clerks must furnish doctor's certificate
when laying off due to sickness.
2. Carrier's action is in violation of the Clerks' Agreement,
expressly Rules 33 (b) and 51 contained therein.
3. Carrier shall now be required to rescind its blanket order
instructions which apply only to a small number of its clerical employes."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On August 4, 1984, the Carrier's Operations Supervisor issued the
following notice:
"ALL CREW
CLERKS 6 MR 3 EXTRA BOARD PERSONNEL:
SUBJECT: SICK DAYS 6 LAY OFFS.
No regular Crew Clerk will be allowed to lay off
more than three (3) days in a thirty (30) calendar
day period. MR-3 Extra Board personnel will not be
allowed to lay off more than three (3) days out of
twenty-two (22) work opportunities. Lay offs will
Form 1 Award No. 26823
Page 2 Docket No. CL-26809
88-3-86-3-75
only be OK if there is an employee available to work.
Advance lay offs will be approved on 1st come basis
depending on the needs of the Carrier.
Also, in addition to current procedures relative
to the need of a doctors slip when laying off sick,
any regular Crew Clerk that has a combination of lay
offs and sick days exceeding three (3) days in a thirty
(30) calendar day period (three (3) days in twenty-two
(22) work opportunities for MR-3 Extra Board), they
must bring satisfactory evidence as to sickness, prefer
ably in the form of a certificate from a reputable physi
cian
According to the Organization, this notice was directed at a specific
group of employees, to the exclusion of other groups. The Organization argues
that the strict requirements of the notice, particularly as to requiring the
furnishing of "satisfactory evidence" of sickness absences, are in violation
of Rule 51, Sick Leave.
Rules 51 provides for pay "for time absent because of bona fide case
of sickness" up to ten days a year. Section (c), however, provides as follows:
"(c) The employing officer must be satisfied that the
sickness is bona fide. Satisfactory evidence as to sickness, preferably in the form of a certificate
employing officer requires such certificate, the employee
shall be notified promptly of this requirement."
The organization argues that the rigid requirements of the August 6,
1984, notice is in conflict with the provision of Rule 51(c) which requires
evidence of illness only "in case of doubt." As contended by the Organization, this implies that sic
The Board finds merit in the Organization's argument. While Rule
51(c) provides the Carrier with the means to check on sickness absence as
required, it also clearly mandates against any fixed rule applicable in all
circumstances.
To similar effect, in considering similar broad-based notices to
employees, are Second Division Award Nos. 8251 and 9711.
In its conclusion here, the Board does not dispute the Carrier's
right to question the propriety of absence for alleged sickness. Such, however, must necessarily be
Form 1 Award No. 26823
Page 3 Docket No. CL-26809
88-3-86-3-75
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.