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:


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.



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.







Attest.
        Nancy J. vIr - Executive Secretary


Dated at Chicago, Illinois, this 12th day of August 1988.