Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27977
THIRD DIVISION Docket No. CL-27224
89-3-86-3-303
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10097) that:
1. Carrier violated the effective Clerks' Agreememt when it failed
to compensate Mr. W. Beatty for a portion of the day on September 18, 1984,
during which he was absent from work due to personal illness;
2. Carrier shall now compensate Mr. Beatty three (3) hours' pay at
the rate of his position for September 18, 1984, and shall allow him credit
for one and one-half hours of personal leave in addition to any current allowance."
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 September 7, 1984, Claimant was examined at Western Pennsylvania
Hospital for treatment of swelling in the groin area. At this time it was
detected that he was suffering from hypertension and was instructed to consult
his regular physician.
On September 18, 1984, Claimant advised his supervisor that he would
need to be relieved of duty at noon for an appointment with his physician.
Claimant was allowed 1 1/2 hours pay as personal leave which was the extent of
his remaining allowance; he was denied compensation for the remaining three
(3) hours.
E
Form 1 Award No. 27977
Page 2 Docket No. CL-27224
89-3-86-3-303
The Organization alleges that Carrier violated Rule 18-Sick Leave of
the Agreement by the denial of Claimant compensation for his absence. It
maintains that Paragraph (g) provides for use of sick leave allowance in cases
such as this dispute. That language states:
"employees...who are absent a portion of a workday ...will receive full compensation for that
day, and-will have the time actually absent
charged against their benefit entitlement,
rounded to the nearest whole hours."
The Organization argues that the portion of the day that Claimant was
absent was due to him having been instructed to consult his personal physician
for follow-up care. In its view, this qualifies him for sick allowance.
Carrier, on the other hand, maintains that Claimant's absence for a
doctor's appointment for follow-up treatment does not meet the criteria for
sick leave benefits. Instead, it argues that the circumstances in this dispute are such that it is c
that Claimant did work a portion of the day in question, Carrier concludes
that he was not absent due to being physically unable to work. It alleges
that the provisions of the Sick Leave Rule clearly apply to "bona fide cases
of sickness and off duty injury." Carrier asserts that this absence does not
satisfy such requirement. Accordingly, Carrier asks that the claim be denied.
A careful review of the record evidence convinces us that the claim
must be sustained. Carrier alleges that an absence due to a doctor's appointment does not constitute
was examined in a hospital emergency room and was instructed to consult his
personal physician for follow-up treatment. At this appointment, he underwent
a series of lab tests and prescribed medication for hypertension. The proper
documentation was submitted to Carrier as evidence of his condition. There
exists several exceptions in the language regarding sick leave benefits, but
no reference to scheduled doctors' appointments is included within those exceptions. As such, Carrie
Accordingly, we find that Claimant's absence due to a doctor's
appointment is compensable as sick leave and the claim must be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest~5
Nancy J. D v -Executive Secrets y
Dated at Chicago, Illinois, this 29th day of June 1989.