' ax11r .~. ~ a
~
~' a ~; , n
~:.T. ~ J.t,
:_n
1,.Li:W0 ADJUSTMEIVT BOATS Award No. 716 4
SECOND DIVISION Docket No.
6985
2-KCT-Ew-'76
The Second. Division- cuneisted of the regular members and in
addition
T<efE'.rE:E
Gene T. f(1`~:t°Z` when
aw'd.1d
was xe4dered.
( System ~: ~:re~atiori i~b. 3, Railway Employes'
. ( Departrrerrt, A. F~ of' L . - C . I. 0.
Parties to Disute~ ( (a'lectra.cal Workers)
(
( Kansas City Terminal Railway Company
Dispute: Claim of L~nployes:
1. That the Kansas City Terminal Railway Company is viol,ative of Rule
28 and has urij utly dealt with and damaged Electrician R. E. _ Custex
when they suspended. him from the Carrier's service on Mach
lg,
1973,
pending formal investigation; denied him the fight to a fair
and impartial hearing on March
29, 19'j3;
tied him in Abseritia
and dismissed him from the service of the Carrier by certified
notice dated March
30, 1973.
2. That, accordingly, the Kansas City Terminal Railway Company be
ordered to restore the Petitioning Claimant, R. E. Custer, to the
service of the Carrier with his seniority rights unimpaired,
compensated for. ail time lost, made whole with respect to vacation
rights, hospital, medical and surgical benefits, ,and group ~ife
insurance; and,
3.
In addition to the money amounts claimed herein, Carrier be ordered
to pay interest on the principal amount claimed, computed At the
rate of
6%
per annum and compounded annually from t4e ax~niversaxy
date of this claim.
Findings:
The Second Division of the Adjustment Board, upon the whole recQ,rd and
all the evidence., finds that:
The carrier or carriers and the employe ox employes involved in this
dispute axe respectively carrier and employe within the mewing of the
Railway Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Patties to said. dispute 'waived right of appearance at hearing thereon.
four: 1 Award No. 7164
Page 2 Docket No.
6985
2-KCT-EW-'76
The record. in this dispute discloses that Carrier denied this claim
in conference on June 1, 1973, which was confirmed by a letter from Carrier
on June 27, 1673. The appeal to the Superintendent on September 27, 1973 was
beyond the sixty days allowed fox t1-~.e appeal :i.v: the
195+
National Time Limit
Rule requiring that a disallowed claimor grievance must be appealed in writing
and be taken within sixty days f;^om t1xe receipt of notice of disallowance,
and the representative of the Carrier s~,~all be notified in writing within that
time of the rejection of his decision. Failing to comply with the provision,
the matter shall be considered closed. This provision of said Time Limit Rule
is jurisdictional and this Board-has no authority to enlarge the time within
which an appeal may b e made.
A W A R D
Claim Denied.
NATIONAL RAILROAD ADJUSTMT
]PAM
By Order of Second
Division
Attest: Executive Secretary
` National Railroad Adjustment Board
By
w
Rosema,rie xasch - A inistxative As is ant
Dated at Chicago, Illinois, this 16th day of November, 19?b.