Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37129
Docket No. CL-38041
04-3-03-3-395
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-13000)
that:
(a) The Carrier violated the Amtrak Clerks' Rules Agreement
particularly Rule 19, Sick Leave, when on February 15, 2002
Claimant retired from service with the Carrier and has not
been compensated for unused Sick Leave which she bad
accumulated over the years while working as a clerk.
(b) Claimant has 30 days sick leave banked when she was
promoted and should now be paid 15 days pay at the rate of
pay of the last position she worked on account of this violation.
(c) This claim has been presented in accordance with Rule 25 and
should be allowed."
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,
:is approved June 21, 1934.
Form 1 Award No. 37129
Page 2 Docket No. CL-38041
04-3-03-3-395
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimant entered the Carrier's service as a member of the Clerks' craft.
On May 16, 1987, she was promoted to a management position. She retained her
Clerk's seniority and 30 days sick leave which she had accumulated in her Clerk's
position. That sick leave remained in a bank, because the Claimant was unable to
use it while in the management position, but if she had returned to the Clerks' craft,
she would have been able to draw on it. The Claimant retired in February 2002.
The instant claim seeks payment for 15 days' sick leave under Rule 19(d)
which provides:
"Employees resigning to accept an annuity under the Railroad
Retirement Act will be allowed 50 per cent of their accumulated
unused sick leave. Employees voluntarily leaving the service for
other reasons and those dismissed for cause will
forfeit any
unused
sick leave."
The Carrier contends that the Claimant is not entitled to the benefits of Rule
19(d) because she retired from a position that was not covered by the Agreement.
The Carrier's position has been rejected by Boards considering comparable cases.
See, e.g., Third Division Award 32461; Special Board of Adjustment No. 1137,
Award 13. We find those Awards persuasive and conclude that the Claimant was
entitled to be paid for the 75 sick days. Payment shall be at the rate in effect at the
time the sick leave was earned.
AWARD
Claim sustained in accordance with the Findings.
Form I Award No. 37129
Page 3 Docket No. CL-38041
04-3-03-3-395
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of August 2004.