' Form 1 NATIONAL RAILROAD ADJUSTMFIVT BOARD Award No. 6828





                      ( Department, A. F. of L. - C. I. 0.

        Parties to Dispute: ( (Carmen)


                      (

                      ( Seaboard Coast Line Railroad Company


        Dispute: Claim of Employes:


            1. That under the current agreement the assignment of Carmen

            W. E. Webb, E. A. Lanier, R. W. Jaudon, J. G. Andrews, R. W.

            Brigdon, W. H. Freeman, W. A. Woods, H. H. Duggar, C. A.

            Calvert, G. W. 1TUrphy, C . B . Claxton, and B . L . Orendorff

            were improperly changed from a work week with Sunday as

            a rest day, to a newly created assignment which required

            them to work on Sundays.


            2. That accordingly, the Carrier be ordered to:


              (a) Restore the of or gme:-«,ioned employes to their fox: ner

              work week.


              (b) Additionally compensate these employes eight hours at time and one half rate for being required to work on Sundays, and also any employe° in the future that is required to work on Sunday on the running repair track, at Savannah, Georgia. This claim to begin Sunday March 5; 19'72 and

      . includes each Sunday thereafter,


        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 leas jurisdiction over the dispute involved herein.


        Parties to said dispute waived right of appearance at hearing thereon.

Form 1 Page 2

 Award No. 6828
 Docket No. 6694
 2-SCL-CM-t75

 The record before the Board shows that on January 15, 1969, the petitioning organization initiated a claim identical to the one here involved, with the exception of some of the named claimants, alleging a continuing violation of the same rules involving the same operation at the same location. The claim was progressed to and including the highest designated appeals officer of the Carrier and denied on May 19, 1969. It was not progressed further and became barred under Rule 30(c)_
 The instant claim was initiated on February 29, 1972. __

 It is well settled that a claim alleging a continuing violation that becomes barred under the time limit rule may not be resurrected by subsequent re-filing: See Second Division Awards 4924, LI-848 and 5682, Third Division Awards 16010, 12851, 10329, 10251 and 941+7, and Award 384 of S.B.A. 605. The claim herein is barred and must be dismissed.

 A W A R D

 Claim dismissed.

NATIONAL RAILROAD ADJ'dSTb= BOARD

By Order of Second. Division


Attest: Executive Secretary
 National Railroad Adjustment Board

      emarie Brasch - Admin strative Assistant


Dated at Chicago, Illinois, this llth day of March, 1975.