(Advance copy. The usual printed copies will be sent idter.)
:orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6471
SECOND DIVISION Docket No. 6360
2-SPT(PL )-CAS-' 73
The Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered.
( System redera tton No: 114, Railway Employes'
( Department, A. F of L. - C. 1. 0.
Parties to Dispute : ( (Ca r;en)
( Southern Pacific Transportation Company (Pacific Lines)
Dispute: Claim of Employs:
1. That under the current agreement Car Inspector A. C. Hernandez,
(hereinafter referred to as the Claimant) Was unjustly deprived of
his service rights and compensation when Re was improperly suspended
from service under date of September 30, 1971, after over 20 years
service with the Carrier.
__ That the Carrier be ordered to:
(a) Restore the aforementioned Claimant to service with all service
and seniority rights unimpaired, and be compensated for all time lost
retroactive to September 30, 1971, when he was subsequently suspended
on September 30, 1971.
(b) Claimant be granted all vacation rights.
(c) Assume and pay all premiums for hospital, surgical and medical
benefits, including all costs for life insurance.
(d) Carrier pay into Railroad Retiremeent Fund the m,ximum amount that
is required to be paid an active employe for all time he is held out
of service.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes irv olved in this
dispute are respectively carrier and employe 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.
Fo-rrn 1 Award No.
671
Page 2 Docket No.
63E
2-SPT(PL)-CM- ,3
This is a discipline case, the result of which was that claimant was
ordered to be dismissed from the service.
Carrier raises a procedural objection, in that in the handling of the
claim on the property, the Superintendent was never notified of the rejection of
his decision rendered in conference on January
6, 1972,
confirmed by letter of
January
21, 1972
within the time limits prescribed by Rule
38(c)
of the current
Agreement which reads:
"If a claim or grievance which has been disallowed under paragraph (b)
hereof is to be appealed, such appeal mast be in writing and must be
taken within sixty
(60)
days from receipt of notice of disallowance,
and the representative of the Carrier shall be notified in writing
within that time of the rejection of his decision. Failing to
comply with this provision, the matter shall be considered closed."
From a review of the record, the facts substantiate the allegations of
the Carrier. The Superintendent was never notified within the sixty day time
period, hence the matter is considered closed.
A W AR
D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT 130ARD
By Order of Second Division
Attest:-
Executive
~trs-
~~/',C
Secretary
Dated at Chicago, Illinois, this 30th day of April,
1973..
I
I