`orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 66'ZZ
SECOND DIVISION Docket No.
6516
2-SP(PL)-SMW-'74
The Second Division consisted of the regular members and in
addition Referee David. Dolnick when award was rendered.
( Sheet Metal Workers' International Association
(
Parties to Dispute: (
( Southern Pacific Transportation company
( (Pacific Lines)
Dispute: Claim of Employes:
1. That Sheet Metal Worker C. A. Davies was unjustly and arbitrarily
withheld from the service of the Southern Pacific Transportation
Company (Pacific Nines) from December
9,
1971 until April
3, 1972;
2. That accordingly, the Carrier be-ordered to:
A. Compensate Claimant for all time lost between December
9, 1971
and
April
3,
1972;;
B. Make Claimant whole for all vacation rights;
Pay the premiims for hospital association dues, surgical and medical
benefits for time held from service; -
D.
Pay premiums for group life insurance for time held from service;
E. Pay Claimant for all medical and doctor bills incurred as reulst
of being withheld from 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 involved in this
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21,
193+.
This Division of the .Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Torm 1
Page 2
Award No. 6622
Docket No.
6516
2-SP(PL)-Snd-'
74
Carrier has made a motion to dismiss the claim because it was not timely
presented under Rule
38
of the applicable agreement. Claimant was advised on December
17, 1971 that the Carrier's Chief Medical Officer had concluded that the Claimant was
medically unfit for service. No claim was filed until May 22, 1972, about 157 days
after the claim occurred. Rule
38(b)
provides that: "Any claim or grievance not
presented within sixty
(60)
days of the occurrence on which based will be deemed to
have been abandoned." The time limit issue was raised on the property by the Carrier.
Carrier's motion is granted. The claim is barred.
A W A R D
Claim is dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
By
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th
day of January,-1974.