SPECIAL BOARD Or ADJUSTMENT N0.
192
C
PARTIES: BROTHERHOOD OF RAILWAY AND STEAhSHIP CLERI45,
v'~
FREIGHT HANDLERS, EXPRESS AND STATION EMPI'ES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
'r,
AWARD TN DOCKET PdO. 23
STATEMENT Claim of the System Committee of the Brotherhood thats
OF CLAIM:
(a) The Carrier violated the provisions of Article I, Section 1(f), of
the August 21,
1954
Agreement signed at Chicago, Illinois, when it de
nied Janitress Ethel Griffin, Grand Central Station, Chicago, Illinois, one week's
vacation in
1955,
and
(b) That Claimant Ethel Griffin now be compensated at the penalty rate
for five working days in lieu of vacation not granted in the year
1955.
FINDINGS:
The sole question involved in this dispute is whether or not in determining eligibility for vacation, days on which the claimant rendered no service
because of being on maternity leave are to be treated the same as days on which no
service was rendered because of sickness. There is nothing in the record to indicate that there were any abnormalities
or
complications in claimant's pregnancy.
There is no need to discuss the varying contentions of the parties with
respect to this issue, Without an express clause so stating absence on maternity
leave should not be considered the same as absence because of sickness, since it is
generally considered that a normal pregnancy is not a sickness. That this is so is
evidenced by the fact that in another part of the Agreement between the parties
(Rule
49
governing leaves of absence) absences because of sickness are treated
differently from maternity leaves.
AWARD
Claim (a), (b) denied,
/s/ Francis J. Robertson
Francis J, Robertson
Chairman
Isl
E. J, Hoffman
E0 J, Hoffman
Employee Member
Dated at Baltimore, Maryland this
17th day of February
19590
/s/ T, S, ldooda
T, S. Woods
Carrier Member