Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35637
Docket No. TD-35933
01-3-00-3-14
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(American Train Dispatchers Department/
(International Brotherhood of Locomotive Engineers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"A claim/grievance was submitted by Dispatcher, D. S. Sinkkanen on the
former Conrail property on March 22, 1999. The Carrier failed to notify
Mr. Sinkkanen his claim was not allowed within sixty (60) days in
accordance with Rule 17(e) of the Agreement, therefore, his claim must be
allowed.
Please notify me when the payroll department will indicate entitlement
of
two (2) `sick days' and ten (10) supplemental `sick days' [per Rule 201 on
his pay-stub as claimed."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 35637
Page 2 Docket No. TD-35933
01-3-00-3-14
A Rule 17 Grievance Form-Claim for Compensation was initiated by the
Claimant on March 22, 1999, referencing Rule 20. This stated as follows:
"Details of Work Performed or Denied: Sick days not shown on pay stub.
Reasons Supporting Claim: Hired in calendar year 1998."
On June 10, 1999, the General Chairman wrote to the Director Labor Relations
as follows:
"A claim/grievance was submitted by [the Claimant] on the former Conrail
property on March 22, 1999 . . . . The Carrier failed to notify Mr.
Sinkkanen his claim was not allowed within sixty (60) days in accordance
with Rule 17(e) of the Agreement, therefore, his claim must be allowed.
Please notify me of when the payroll department will indicate entitlement
of (2) `sick days' and ten (10) supplemental `sick days' on his pay-stub as
claimed."
Rule 17(e) requires a response within 60 days when "a claim [is] presented in
accordance with this rule." Rule 17(c), however, requires that the employee or
designated representative furnish specific information, including the specification of
"claims being made, including the rule under which claimed (if known)" and "the
reason(s) supporting claims(s)."
Rule 17(d) states in part:
"If a claim is not submitted in the form set forth and prescribed in
paragraphs (a) and (c) above, such claims shall not be entertained nor
allowed." (Emphasis added)
Rule 20 (Sick Leave) makes no mention of posting current sick leave entitlement
on an employee's pay stub.
The claim failed to meet the requirements of Rule 17(d) in that, among other
deficiencies, it simply notes the absence of information on a pay-stub. As such, Rule
Form 1 Award No. 35637
Page 3 Docket No. TD-35933
01-3-00-3-14
17(d) permits the Carrier not to "entertain" the claim. Thus, the absence of a timely
first response from the Carrier is without significance.
During the claim handling procedure, the parties engaged in an extended
discussion of the timing and extent of sick leave eligibility. Because the record shows no
indication that the Claimant was in any manner denied appropriate sick leave benefits
and, more significantly, made no such claim, the parties' discussion is a futile exercise.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 28th day of August, 2001.