Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6853
SECOND DIVISION Docket No. 6732
2-REA-MA-' 75

The Second Division consisted of the regular members and in addition Referee David P. Twomey when award was rendered.

( International Association of Machinists

( and Aerospace Workers

Parties to Dispute:

( REA Express, Inc.

Dispute: Claim of Employes:

1. That R. E. A. Express, hereinafter referred to as the Company, on November 10, 1972, violated the controlling Agreement with the International Association of Machinists and Aerospace Workers, hereinafter referred to as the Union, when on that date it closed its garage located at Norfolk, Virginia, and furloughed mechanics A. F. Allen and I. T. 0-wens, hereinafter referred to as Claimants. All of this in violation of Rules 1, 39 and 44 of the controlling Agreement.

2. That the Company be ordered to:

(a) Discontinue the contracting out to outside companies or to mechanics of companies not regularly employed as such by this Company, the repairs, maintenance and servicing of Company's trucks, tractors, trailers and other equipment.

(b) Reopen and re-equip its garage located at Norfolk, Virginia.

(c) That the Company be ordered to restore Claimants to service at Norfolk, Virginia, and pay them eight (8) hours' pay each day of their former work week, subsequent to November 10, 1972, including holidays, until such time as they are restored to service and while the work is being illegally contracted to outside companies.

(d) Pay the premiums payments under Travelers Group Policy Contract No. 23000 for Claimants and their dependents during the time they were improperly furloughed. And Claimants be given credit for all time improperly laid off for vacation qualifying purposes, and further that Claimants be paid the difference between what they were entitled to under Rule PTO and what they received under the Railroad Unemployment Insurance Act during the period they were improperly laid off.

i

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

Form 1 Award No-6853

Page 2 Docket No. 6732

2-REA-MA-'75

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, 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.

. Review of the record in this docket clearly shows that the claim

Petitioner is asserting before this Board was not handled on the property

of the Carrier in accordance with the provisions of the applicable

collective bargaining agreement and as required by Section 3, First (i)

of the Railway Labor Act and Circular No. 1 of the National Railroad

Adjustment Board. REA's Vice President, Labor Relations declined the

claim on February 21, 1973. The notice of intent to submit this dispute

to the Board is dated April 3, 1974, over 13 months after the decision

of the Vice President, Labor Relations. No :agreement is shown to extend

the time limits. Thus, the claim is barred by the clear language of

Rule 34(d) in that it was not appealed within 9 months of the above men-

. tioned decision of the Vice President, Labor Relations. Therefore, the

claim is barred from consideration by the Division and will be dismissed.

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

. By Order of Second Division

.Attest: Executive Secretary

National Railroad Adjustment Board

By

R emarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 2nd day of May, 1975.