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


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.



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.








                          By Order of Third Division


Attes .
        Nancy J. e r - Executive Secretary


Dated at Chicago, Illinois, this 29th day of June 1989.