Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27288
THIRD DIVISION Docket No. MS-27390
88-3-86-3-618
The Third Division consisted of the regular members and in
addition Referee John E. Cloney when award was rendered.
(Mary Bogosto
PARTIES TO DISPUTE:
(The Pittsburgh and Lake Erie Railroad Company
STATEMENT OF
CLAIM:
"I differ with Mr. R. I. Kilroy's decision of 8-25-86 regarding my
appeal to get one (1) day's wages for beng injured and sick on 2-21-85. I did
not return to work because I was still sick. Mr. Kilroy is not a licensed
physician by writing to me that 'you could have returned to work on 2-21-85.'
That is why I got a corrected letter from my licensed physician for 2-21-85
for my absence or I would have been at work."
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 were given due notice of hearing thereon.
Claimant who had been on sick leave since January 21, 1985, was released by her physician to ret
arrange for a return to service physical until February 22, 1985. After learning she was "docked" fo
dated April 20, 1985, indicating February 22, 1985, was the date on which she
could have returned. Carrier refused to pay sick pay for February 21,
contending the original medical statement was "clear and unambiguous."
The Organization pursued the Claim to Carrier's highest Labor Relation's Officer who denied the
The Carrier contends that this Board lacks jurisdiction to review
this case on the merits because Claimant is disputing the Organization's
position in this matter and that Claimant included arguments in her position
before this Board that wasn't argued on the Property.
Form 1 Award No. 27288
Page 2 Docket No. MS-27390
88-3-86-3-618
The record indicates that this Claim lacks merit on the facts and
further that Carrier is correct in its position that the Claim is not properly
before this Board.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J.
vIr
- Executive Secretary
Dated at Chicago, Illinois, this 12th day of August 1988.