Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27978
THIRD DIVISION Docket No. CL-27226
89-3-86-3-304
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-10098) that:
1. Carrier violated the effective Clerks' Agreement when it refused
to compensate Mr. R. C. Myers for September 28, 1984, a day on which he was
absent from service due to personal illness;
2. Carrier shall now compensate Mr. Myers, eight (8) hours' pay at
the rate of his position for September 28, 1984."
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 27, 1984, Claimant became ill with a headache during his
tour of duty. He was seen by Carrier's Medical Department on September 27,
1984, and on September 28, 1984, he was examined by his personal physician.
Claimant was denied sick leave compensation for his visit on September 28,
1984.
The Organization maintains that Claimant's absence for a scheduled
doctor's appointment for follow-up treatment is compensable under the provisions of Sick Leave Allow
Carrier, on the other hand, argues that a scheduled doctor's appointment is not a "bona fide ill
benefit. It further maintains that the medical documentation submitted by
Claimant is not satisfactory evidence to substantiate his alleged sickness.
Form 1 Award No. 27978
Page 2 Docket No. CL-27226
89-3-86-3-304
We shall dispose of this case in like with our ruling in a similar
Claim in Third Division Award 27977. There, we sustained the Organization's
argument that a scheduled doctor's appointment is not excluded from coverage
under the Sick Leave Allowance provided proper medical documentation is
submitted. In addition, we do not agree that Claimant failed to submit proper
medical documentation here. Claimant's physician submitted a diagnosis along
with the treatment provided. Such diagnosis was consistent with the claim
filed with Carrier's Medical Department on September 27, 1984.
Accordingly, we shall sustain this claim.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes .
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1989.