Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+38
SECOND DIVISION Docket No. 722+
2-MP-MA-'78
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:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
Claim in behalf of Machinist P. R. Witt, under Rule 32 (d) for
all time lost at the pro rata rate of pay from May 14,
1975,
for all
overtime for which he would have been available at the punitive rate
of pay, plus the prime rate of interest until the claim is settled.
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,
1931+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Carrier contended on the property (See General Manager Love's
letter of July
9, 1975
and Chief Mechanical Officer Tutko's letter of July
30,
1975)
that the instant claim was barred since it was not appealed to
Superintendent Tucker as required by Rule 31(a) and the Note to Rule 31.
We find therefore that this contention was properly raised on the property
and is therefore properly before the Board. We reject the Organization's
contention that the Carrier had abandoned the Rule
31
improper handling
contention; and find that the cases cited by the Organization are inapposite.
In Second Division Award No. 7216, involving the very same parties and
similar circumstances we held:
"This claim is barred under the provisions of Rule
31
(a)
which required that all claims must be presented in writing
on behalf of the involved employee to the officer of the
Carrier authorized to receive the same within sixty (60) days
from the date of the occurrence on which the claim or grievance
is based. The record in this dispute discloses that the claim
was not filed with the officer authorized to receive the same
Form 1
Page
2
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
7438
Docket No.
7224
2-MP-MA-·78
"within sixty days, and therefore, this Board has no
jurisdiction to consider this case on its merits. (See
Second Division Awards Nos.
7088, 7026, 6992, 6981, 6980
and many others.) The Organization relies on the fact that
the claim was not filed with the Superintendent because the
Superintendent rendered the decision imposing the discipline
in this case. In order to confer jurisdiction upon this Board
for the purpose of appeal, it was necessary that the mandatory
procedural requirements b e met."
We are therefore compelled to dismiss this Claim.
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
~S-Z
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of January,
1978.